Page:Idaho State Constitution 1889.pdf/51

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51

Section 1. The distinctions between actions at law and suits in equity, and the forms of all such actions, and suits, are hereby prohibited; and there shall be in this state but one form of action for the enforcement or protection of private rights, or the redress of private wrongs; which shall be denominated a civil action; and every action prosecuted by the people of the State as a party, against a person charged with a public offense, for the punishment of the same, shall be termed a criminal action.

Feigned issues are prohibited, and the fact at issue shall be tried by order of court before a jury.