Chapter 1: Law: the body of rules of action or conduct that has binding legal force. Laws must be obeyed by citizens subject to sanctions or legal consequences. English Common Law: created by the judicial system, and is the basis of the legal system in US. Civil Law: based on codes or statutes. Louisiana is a civil law state.
Haynes Webster 1. What was the fundamental difference between Hayne’s and Webster’s interpretations of the Constitution? The fundamental difference between Hayne’s and Webster’s interpretations of the Constitution was that Haynes believed that the states should have the right to set aside certain federal laws if they wished. Webster believed that states must listen to the federal government 2. Explain the relationship between Hayne’s argument and the Virginia and Kentucky Resolutions of 1798.
Marbury V. Madison • Arguably most important case in Supreme Court history • Written in 1803 by Chief Justice John Marshall • First U.S. Supreme Court case to apply the principle of "judicial review" the power of federal courts to void acts of Congress in conflict with the Constitution. • The decision played a key role in making the Supreme court a separate branch of government on par with Congress and the executive. • In the election of 1800 the newly organized Democratic-Republic Party of Thomas Jefferson defeated the Federalist party of John Adams creating an atmosphere of political panic for the Federalists • Adams appointed a large number of justices of peace for the District of Columbia whose commissions were approved by the Senate, signed by the President and affixed with the official seal of the government • The following commissions were not delivered and when President Jefferson assumed office in 1801 he order James Madison, his secretary of state not to deliver them. • William Marbury one of the appointees petitioned the Supreme Court for a writ of mandamus,or legal order, compelling Madison to show cause why he should not receive his commission. • To resolve the case, Chief Justice Marshall answered 3 questions.
Decision: Affirmed - MR. JUSTICE MARSHALL delivered the opinion of the Court. The issue in this case is whether States must protect the right of prisoners to access to the courts by providing
Thomas Jefferson refused to honor the commissions, claiming that they were invalid because they had not been delivered by the end of Adams’s term. William Marbury (P) was an intended recipient of an appointment as justice of the peace. Marbury applied directly to the Supreme Court of the United States for a writ of mandamus to compel Jefferson’s Secretary of State, James Madison (D), to deliver the commissions. The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus “…to any courts appointed, or persons holding office, under the authority of the United States.” Application for writ of mandamus denied. Marbury doesn’t get the commission.
The complaint leads to a summons being served to the defendant. The summons requires the defendant to appear in court to answer the plaintiff’s complaint. The defendant must appear regardless of her opinion of the lawsuit. The answer is the defendant’s response to the plaintiff’s complaint. An option to file a cross-complaint against the plaintiff is presented at this point if the defendant thinks it is necessary to seek damages they may incur because of the plaintiffs suite.
! ! What is the difference between binding and persuasive authority? May courts depart from precedent? What is a case of first impression?!
What defines a Constitution? Constitutions should set down rules which provide a legal basis for determining how a Country should be governed. They ought not only to define the Institutions of the State in question but also should place restrictions on them and act as a restraint on Governmental power in order to protect the rights of the State’s citizens. S. E. Finer, V. Bogdanor and B. Rudden describe Constitutions as: ‘codes of norms which aspire to regulate the allocation of powers, functions, and duties among the various agencies and officers of government, and to define the relationship between these and the public.’ The aim of this essay is to understand whether or not the ‘codes of norms’ in the UK make up a clear Constitution. Generally, most countries have a Codified Constitution where the rules of government are written down in one key document, although the extent of how much of the Constitution is actually included in this document varies.
The Supreme Court presides on cases that conflict with the Constitutional laws and with treaties of foreign affairs. The framers of the US Constitution were determined to separate the powers of the federal government into three branches: Legislative, Executive, and Judicial. The Supreme Court is in the Judicial Branch of government. Once the Supreme Court renders a decision, all other courts in the country follow the precedent set by that decision (Dautrich and Yalof 277). This precedent is also known as Stare
The first discovery is interrogatories, which is allowing one party to answer questions under oath to describe to exactly what happened from his or her perspective. Then there is a request for admission by one party to admit or deny that the paper work the two parties agreed on is true. For example if when the plaintiff attorney is asking the defended if they owe the plaintiff any certain amount of money. Another discovery is the request to produce or inspect. This paper work allows each party to view one another documents along with physical property to the lawsuit.