Nobody downloaded yet

Ase brief - Research Paper Example

Comments (0) Cite this document
On the last day of his term as president, John Adams appointed 16 Federal circuit court judges and 42 justices of the peace to the District of Columbia. William Marbury, the claimant, had been one of the appointees…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.5% of users find it useful
Ase brief
Read TextPreview

Extract of sample "Ase brief"

Download file to see previous pages In order for the appointments to be effective, the commissions were required to be delivered to the appointees. Most of the commission had been duly delivered. Jefferson argued that the remaining commissions were void since they had not been delivered by the expiration of president Adams’ presidential term. Marbury, an intended appointee applied to the US Supreme Court for a writ of mandamus to ensure that the commissions were duly delivered. II. The Law Pursuant to Article III Section 2 Clause 2 of the US Constitution, all cases relative to Ambassadors, public Consuls and ministers and cases in which the state is a party, the Supreme Court is possessed of original jurisdiction. Any other case falling under the authority of the judiciary, the Supreme Court will have the authority to determine appeals subject to any exceptions and/or regulations that Congress may apply. Under Section 13 of the Judiciary Act 1789, the Supreme Court has the authority to hear appeals from circuit courts and state courts and will also have the authority to issue prohibitive writs to district courts and writs of mandamus to any appointed courts or individuals in public office. III. Legal Questions/Issues The main legal questions/issues were: Is the claimant entitled to the commission?Does the claimant have a legal remedy? Does the Supreme Court have the jurisdiction to review Congressional decisions and to ascertain whether or not such decisions are constitutional and valid? Does Congress have the authority to broaden the original jurisdiction of the Supreme Court as contained in Article III of the US Constitution? Does the Supreme Court’s original jurisdiction include the authority to issue a writ of mandamus? IV. Holding/Decision and Action The US Supreme Court denied the writ of Mandamus with the result that the claimant did not obtain the commission. V. Opinion John Marshall, delivered the opinion of the court. The Court thus concluded that the claimant was entitled to the commission since it took effect once the Executive exercised its constitutional power of appointment and that power was the final act required of the executive exercising the authority. Therefore, once the commission was signed by the president it became effective. The court also ruled that the claimant did indeed have a legal remedy as it is implicit in the protection of civil rights: any person claiming harm has a right to the protection of the law. The US Supreme Court also ruled that the US Supreme Court has the power to review congressional decisions and to ascertain the constitutionality and validity of those decisions. It is the judiciary’s duty to state the law. In the application of the law to specific cases, the judiciary also has a duty to interpret and explain the applicable rule. When laws contradict each other, the Court has a duty to decide between the two. In all cases, the Constitution, the supreme law of the land will prevail where it is inconsistent with any other law. Moreover, the US Supreme Court ruled that Congress does not have the authority to expand upon the original jurisdiction accorded the Supreme Court beyond that conferred by Article III of the US Constitution. If Congress had such an authority, the Constitutional basis of original jurisdiction would be entirely meaningless. Finally, the Court ruled that the US Supreme Court did not have authority to issue a writ of mandamus within the parameters of its original jurisdic ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Ase brief Research Paper Example | Topics and Well Written Essays - 5000 words”, n.d.)
Ase brief Research Paper Example | Topics and Well Written Essays - 5000 words. Retrieved from
(Ase Brief Research Paper Example | Topics and Well Written Essays - 5000 Words)
Ase Brief Research Paper Example | Topics and Well Written Essays - 5000 Words.
“Ase Brief Research Paper Example | Topics and Well Written Essays - 5000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Ase study on organizational structure

...? Change and Culture Case Study I Introduction The following is a discussion on organization of a middle healthcare organization that has emerged with a previous competitor. In this discussion, the paper attempts to establish the impact of sale on the culture of the new combined organization, evaluate strategies to ensure unity amongst the employees, as well as describing the organization in terms of systems and shapes. Different aspects will be discussed under systems and shapes such as goal recognition and statement, review of organizational environment, structure of the organization to accomplish the goals, as well as determination of authority relationships. Moreover, the paper will also attempt to identify the type of the new...
6 Pages(1500 words)Case Study

Inquiry Brief

...STEM CELL RESEARCH In modern politically charged climate, there is a broad spectrum of mainstream views on stem cell research. There is near universal agreement among scientists that stem cell research is an important and complex endeavor that offers the promise of treating, and perhaps curing, million patients who suffer from serious degenerative disorders. Simultaneously, religious and bioethical communities oppose stem cell experimentation due to faith-based principles and old-fashioned ideas. I chose the topic of stem cell research because in contemporary context it is considered a very controversial political, ethical and public problem due to its social, ethical and medical implications. My research question is as follows...
2 Pages(500 words)Essay

Case Brief

...CASE BRIEF: BARBARA A. BOTIS v. E OF GARY A. KUDRICK FACTS: Plaintiff, Barbara A. Botis filed a complaint against the E of Gary A. Kudrick in attempt to receive palimony. Plaintiff argues that her and Kudrick were in a “marriage-type relationship” before his death, and, therefore, has rights to palimony in the form of his two residences and other compensation. Defendant denies that they were ever in such as relationship and motions to dismiss her complaint along with issuing counterclaims against the plaintiff. While the law recognizes the right to palimony for two unmarried individuals who separate, a recent amendment requires the palimony agreement in writing. While the plaintiff does not have her palimony agreement...
2 Pages(500 words)Case Study

Case Brief

...CASE BRIEF CASE ALBION FRANCIS VS NORMAN Y. MINETA; Transport Security Administration. US. October 10, 2007 CASE NO.: 06-1293 U.S Court of appeal Opinion Albion francis, a former federal worker, chose to appeal to the district court’s decision to dismiss his case pursuant to Fed.R.Civ.p.12 (b) (1), in which he purports to have been discriminated in employment. Statement of facts. The district court established that the appellant had not consulted all the administrative avenues as required under Title VII and so found the dismissal was warranted. The appellant, however, was discontented with the court’s decision and sort, to appeal to the court of appeal. In this case, the appellant Mr. Albion Francis had been hired by...
2 Pages(500 words)Essay

Policy Brief

...Policy brief Introduction Mobile phones have become an asset in enhancing and promoting development projects. Even though, small, its impact has been realized in most parts of the world. Mobile phones have many benefits in the current world today (Economists. Com 6). Objective of the research The objective of the proposed research is to come up with a mobile service that would allow people to report crimes to the police without having to make a call or write a message. This service is very important in stirring up development in a country. Criminal activities deter investors to invest in certain areas. This has a negative effect on the general economy as the government will have less sources of revenue. Therefore,...
2 Pages(500 words)Essay

Legal Brief

...Case Brief: Sony Corporation of America Et Al. v. Universal Studios, Inc., Et Al. 464 U.S. 417 (1984 Facts The case raises the question whether a company is liable for contributory copyright infringement in case the company manufactures technical devices which can be used to copy copyrighted content. Sony Corp. developed a video tape recording device known as “Betamax”. Walt Disney Company and Universal Studios understood that there could be a threat to their business and opted to file a suit against Sony Corp. for contributory copyright infringement and unfair completion under the Lamham Act. The case moved from the District Court, which ruled in favor of Sony to Court of Appeal for the Ninth Circuit, which ruled in...
2 Pages(500 words)Assignment


...Brief on the Negligence Case Perin v. Hayne (1973) 131 Cal. App. 3d 38, 182 Cal. Rptr. 225 (1982) I Background This case represents appeal from a directed verdict involving a doctor’s malpractice practice. The claim is due to the anterior cervical fusion done on Hene Perin, the plaintiff, by Robert Hayne, the defendant. The fusion exercise was medically successful; but the plaintiff alleged that she experienced vocal chord paralysis due to injury during surgery on the right recurrent laryngeal nerve. The injury minimized her voice to whisper which is hoarse. II Procedural History Perin sought damages based on three issues; battery, specific negligence, res ipsa loquitur and preach of express warranty. The plaintiff argued... on the...
1 Pages(250 words)Assignment

Research Brief

... Module The types of HRD interventions are made use of in the 21st century implying the fact that there are several training delivery options that are utilized beyond the conventional training systems. The major issue the various types of HRD interventions deal with are to provide solutions that are successful in attesting to the valuing of creativity in not only delivery but also in training design (Abdullah. 2009). Furthermore, the problems in relation with the social issues taking place among the members of an organization including not only group dynamics and communication but also leadership and decision making. The types of HRD interventions are classified into individual based, group based and inter group based... Module The types of...
2 Pages(500 words)Essay

Creative Brief

...Creative Writing Energy drink- Redbull Redbull is one of the top rated energy drinks in entire world. It has taken the entire market by storm since its introduction into the market more than 30 years ago due to its great taste and low price which increases its affordability. The energy boost is best preferred due to its moderate caffeine content of 80mg. the product has undergone product differentiation making it one of the energy drinks with large number of brands. This offers the customers with a wide variety to choose from. Despite the large increase in its market, there is an urgent need to attract as well as venture into new markets that are not yet fully exploited in the some cities in Europe. The target market is the city... Writing...
2 Pages(500 words)Case Study

Issue Brief

... Issue Brief Issue: Austin is has been experiencing a significant decline in African-American population for the past few decades. Background: Austin, Texas was founded in 1839, one amazing historical fact is that it was the only state to exist a decade-long as a republic afore becoming a state. 1836 to 1846 Texas existed as a sovereign state. Texas gained independence from Mexico’s governance in 1836, there was need to come up with a City for the honor of Stephen F. Austin who was known as the father of Texas. Racial segregation was severe in the city in early twentieth century, however racial relation improved during the Civil Rights era. It this relation Austin, Texas made history as the first southern university to admit black...
3 Pages(750 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Ase brief for FREE!

Contact Us