Quick notes

Quick notes - Quick notes 1 Federal jurisdiction federal...

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Quick notes: 1. Federal jurisdiction- federal laws, constitution, treaties, diversity and $75 K or more. 2. Constitutional basis of the judiciary act is Article III Section 1. 3. Article III Section 2- judicial powers shall extend to: (A) all cases of law and equity arising under the constitution, the laws of the USA and treaties (B) all cases affecting ambassadors, other public ministers and consuls. (C) all cases of admiralty and maritime jurisdiction. 4. Eleventh amendment to the constitution- judicial power shall not extend to any suits in law or equity brought against any one of the states in the USA by citizens of another state or of a foreign state. RATIONALE: a sovereign state cannot be sued absent its own consent. 5. Marbury v. Madison (Marbury not receiving the formal commission of appointment of as justice of peace. Brought a writ of mandamus against Madison. The court inspite of accepting all the contentions of Marbury decided that it does not have the original jurisdiction to grant a writ of mandamus. ): (1) Constitution would trump the legislative authority and (2) Article III does not include public ministers of USA in its broader genus of foreign ministers (3) the constitution [Article III §2.] also limits the original jurisdiction of the Supreme Court and Mandamus does not fall within the original jurisdiction of the Supreme Court. (4) Congress does not have the authority to change the jurisdictional grants as made by the Constitution 6. Immigration and Naturalization Services v. Chadha (Chadha had stayed on in US after his visa expired. The law said that he could remain here after 7 years even after the expiry of his visa on basis of good behavior, good moral character and “irreparable harm on being deported back”. Attorney general granted him the leave to stay but one house of the senate passed a resolution against it without the signature of the President. Court decided action of senate was unconstitutional.)- The resolution passed by one house of the Senate is constitutional and so was the statute authorizing it. There are only four provisions in the Constitution by which one House may act alone with the unreviewable force of law, not subject to
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President’s veto- RE: PG 25 of materials. None of these requirements were satisfied in Chadha’s case. 7. Martin v. Hunter’s Lessee (land of British in USA to be protected after the end of the war. Land given away to a citizen of Virginia. On appeal Supreme Court had decided in favor of the British and had remanded the case to the lower court in Virginia which had refused to obey the orders of the Supreme Court). - (A) Legislature is allowed to pass laws to promote legitimate objectives [basis- §25 of Judiciary Act] (B) Article III § 1&2- vesting of judicial power by Congress (whole of judicial power is established in the Supreme Court and may establish inferior courts, appellate jurisdiction of the lower courts to be fixed by the Congress and the APPELLATE JURISIDICTION IS NOT LIMITED TO
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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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Quick notes - Quick notes 1 Federal jurisdiction federal...

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