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Indiana University Studies 
a jury. The court will hear argument upon the question whether, assum- 
ing all the facts stated in plaintiff’s complaint to be true, defendant 
has committed any wrong against plaintiff for which the law will give 
him redress in this action. But it will receive no testimony at all; the 
decision must be made upon the allegations of the complaint alone. If 
the court holds plaintiff’s pleading insufficient, it will order judgment 
for defendant unless plaintiff prays and gets leave to amend; if it holds 
the pleading sufficient, it will order judgment for plaintiff unless de- 
fendant prays and gets leave to interpose a plea or answer. Under 
modern codes it is often provided that the order for judgment must 
contain such leave. Sometimes, but not often, the court in making its 
decision will render an opinion which will be printed in the regular 
law reports. If no amendment is made or plea interposed, judgment 
will be entered according to the order, unless by the local practice the 
order is appealable, and an appeal therefrom is perfected. 
Raising an Issue of Fact. If Andrew determines that the complaint 
does require an answer on the facts, he will ascertain from Policeman 
his version of the occurrence. Let it be assumed that Policeman denies 
that he struck Student. After making an appearance for Policeman in 
the manner required by the local rules of practice, he will put in a 
plea of general issue or an answer of general denial and thus raise 
an issue of fact for trial by a jury. 
Bringing Issue of Fact on for Trial by Jury. It might be sup- 
posed that after the issue between Student and Policeman has thus been 
made by the pleadings, it would automatically come before the court and 
jury for trial. But not so. In most jurisdictions it might forever lie 
undetermined in the absence of further action by one of the parties. 
Courts hold a series of sessions, known as terms, periodically. If Stu- 
dent’s case is pending in the New York Supreme Court and he wants it 
tried, his attorney must, at least fourteen days before the opening of a 
term of the court, serve upon Policeman’s attorney a notice stating that 
the action will be brought on for trial at that term; he must also at 
least twelve days before the opening of the term file with the clerk of 
the court a note of issue, which is merely a request to the clerk to put 
it on the list of cases which are to be set for trial at that term. . . . 
In practially all other jurisdictions some such steps must be taken by 
one of the parties. 
The foregoing notices and requests merely get the case in its regu- 
lar order upon the trial list. It still has to be assigned for trial ac- 
cording to the local practice. In some places, on the first day of the 
term, the entire list or calendar is called, a determination is made 
whether any of them are not ready for trial during the term, and the 
cases for trial by jury are separated from those for trial by the court. 
After the unready cases are eliminated, the others may be set for trial, 
each for a day certain, or all in the order in which they appear on the 
list as revised. In other places there is no call of the list, but at 
stated intervals a session of the court is held for the purpose of selecting 
from it cases for trial during a comparatively short period then next 
ensuing. ... In still other places, the selection of cases from the 
list is made by subordinate administrative officials of the court. 
