Marbury v. Madison (case brief, summary)
- 최초 등록일
- 2009.04.23
- 최종 저작일
- 2008.01
- 6페이지/
MS 워드
- 가격 3,000원
소개글
Case summary of Marbury v. Madison
A+ 받은 Analysis + Case Summary
30장짜리 case 꼼꼼하게 직접 읽고 쓴것!!
목차
I. ASSIGNMENT
II. ISSUE
III. BRIEF ANSWER
IV. FACTUAL BACKGROUND
V. RULE OF LAW
VI. ANALYSIS
VII. CONCLUSION
VIII. CRITIQUE
본문내용
I. ASSIGNMENT
The task is to write a case brief on one of the cases looked upon in the American Law course.
II. ISSUE
1) Whether, William Marbury has right to the commission.
2) If he has a right, whether, the laws of the country provide legal remedies to realize it.
3) If there is such remedy, whether, the Supreme Court has the power to issue such remedy.
III. BRIEF ANSWER
1) Yes 2) Yes 3) No
IV. FACTUAL BACKGROUND
John Adams, at the end of his presidential term, established the Judiciary Act of 1801 which allowed him to make 58 appointments. A majority of the commissions were delivered however not all were before the expiration of his term. The former Secretary of State Marshall assumed that since the remaining commissions were legally valid because they were signed and sealed, the new Secretary of State James Madison will finish delivering them.
Once Thomas Jefferson was in office, he ordered Madison not to deliver the remaining commissions, disabling the delivery of the commission to William Marbury, who was appointed as justice of the peace for Washington DC. Jefferson assumed that if a commission is undelivered, they are void.
Marbury demanded the Supreme Court to issue a writ of mandamus under the authority of the Judiciary Act of 1789, to order Madison to deliver the commission.
참고 자료
없음
