outlines_fundamentals - The Fundamentals of US Legal System...

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Unformatted text preview: The Fundamentals of US Legal System Outline + study group notes + class notes Role of US Courts Judicial Review of Legislation US Constitution, Art. 3 (p8) Art III sec 1 of the Constitution talks about US judiciary, federal courts and term of office of the federal judges ( Article III judges). Those can only be removed through impeachment and conviction by Congress. Only Supreme Court is provided for in the Constitution. Others are "ordain and establish"(ed) by Congress. Other federal judges than sup appellate and district judges are appointed for period. P 19 of the federal court leaflet. Sec 2 judicial power under the constitution Federal court jurisdiction: Federal question ( constitution, federal law, and treaties) or diversity and $75000 in controversy. A citizen of a State cannot sue his or her own state. Hans v Lousiana (p.9) Marbury v. Madison Facts: New law created new judgeships. Adams appointed Marbury to a judgeship, JP for Washington, DC. Appointing papers completed but papers not delivered to Marbury before Adams left office. Jefferson’s Sec’y of State refused to deliver the papers. Marbury sued, and in the Supreme Court, asking a Mandamus (writ issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correct) + he wanted the US Supreme Court to order Madison to deliver the appointment papers so that Marbury could be a judge Law used to support the mandamus : 1789 Judiciary Act - Section 13 (p9) Madison ignored the Law suit. The Court considered that Marbury had a right to the Commision + Found that Marbury was entitled to a remedy due to the violation of the right owing to him.But, held that the remedy sought, a mandamus, could not issue from the U.S. Supreme Court Mandamus was unauthorized because Constitution, Art. III, sec. 2, para. two, limits Supreme Court’s original jurisdiction; mandamus is not listed as falling within the Supreme Court’s original jurisdiction Supreme Court holds this portion of Judiciary Act unconstitutional. Supreme Court establishes primacy of Constitution over the Federal Statute . Supreme Court establishes itself as the final arbiter of when a law is constitutional Key issues: Once the President appointed Marbury he could not remove him The President’s appointment gave Marbury a legal right for which he could get a legal remedy Some acts of the President may not be reviewable by a Court PP. 15-16: Court rejects argument that Congress had authority to "change" Supreme Court’s grant of original jurisdiction as set forth in the Constitution.Court’s grant of original jurisdiction as set forth in the Constitution....
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This note was uploaded on 04/19/2008 for the course LAW 694 taught by Professor Karmanian during the Fall '07 term at GWU.

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outlines_fundamentals - The Fundamentals of US Legal System...

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