0
Does the US Supreme Court have the right to issue a writ of mandamus?
Wiki User
∙ 14y ago
Yes. The US Supreme Court has discretionary authority to issue writs of mandamus when the case falls under their jurisdiction. Supreme Court Rules, Rule 20, outlines the conditions under which the Court may issue such a writ.
A Writ of Mandamus (Latin, "we command"), classified as an Extraordinary Writ, is an order compelling a public official, corporate officer, or agency to take a specified action within their scope of responsibility.
For more information, see Related Links and Related Questions, below.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
What was the effect of the US Supreme Court case Marbury v Madison?
The most important effect of Marbury v. Madison, (1803), is that it affirmed the Supreme Court's right of judicial review and set a precedent for future cases. Judicial review is the power of the Court to evaluate laws relevant to cases before the court to determine their constitutionality, and to nullify (overturn) any they find unconstitutional.In Marbury, the Supreme Court decided Section 13 of the Judiciary Act of 1789 was unconstitutional because Congress had overreached its authority by granting the Court the right to issue all writs of mandamus, which contradicted the language of Article III of the Constitution.Case Citation:Marbury v. Madison, 5 US 137 (1803)
Did William Marbury ever get the commission that Marbury v Madison said he had a right to?
No. In the opinion of the Court, Marshall declared Marbury was entitled to his commission, but that the Supreme Court didn't have original jurisdiction to issue the writ of mandamus Marbury requested. Marshall explicitly stated Marbury would have to refile his case in a lower court first, then appeal to the Supreme Court if he failed to get relief at that level. Marbury never refiled his case.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information, see Related Questions, below.
Who is the protectar of fundamental right?
supreme cort is the protector of funda mental rights.
What courts does the US Supreme Court rule over?
Decisions of the US Supreme Court affect the rulings and procedures of EVERY other court in the country, right down to the municipal level.
What are the three principles of the marbury v Madison?
The ruling in Marbury v. Madison, (1803) are related to the three questions posed to the Court:Has the applicant a right to the commission he demands?The Court determined that Marbury had a right to his commission, per An Act Concerning the District of Columbia that Congress passed in 1801, as well as Article II, Section 2, of the Constitution, which granted the President the right to make judicial nominations. Marbury's nomination had already been approved by the Senate, then signed an sealed by the former President, making it official.If he has a right, and that right has been violated, do the laws of his country afford him a remedy?Because the answer to the first question was that Marbury was properly appointed as a justice of the peace, his legal rights had been violated when Madison withheld the paperwork necessary to assume office.Further, the laws of the United States afforded Marbury a remedy to this violation.If they do afford him a remedy, is it a mandamus issuing from this court?The Supreme Court determined it did not have original jurisdiction over the case, but appellate, and therefore could not issue a writ of mandamus. Marbury had to initiate legal action against Madison in the lower federal courts before the Supreme Court could review his case.This decision was based on the Court's determination that the Judiciary Act of 1789, in which Congress delegated to the Supreme Court original jurisdiction over cases involving the federal government, was partially unconstitutional because it granted the Court powers not specified by the Constitution.Part 3 of the Marbury decision established the high court's right of judicial review over legislation passed by Congress and the President, as well as the power to overturn laws deemed to be unconstitutional.Case Citation:Marbury v. Madison, 5 US 137 (1803)
Can a Writ of Mandamus be appealed?
Yes it can be appealed because under court rules it is a final order or judgment. However, there is no right to have the appeal heard by the US Supreme Court unless that court decides to hear it.
Summary of Article 226 0f the constitution of India?
Under 'Article 226' of the constitution if any of the fundamental rights of a person is infringed he can file a petition to the high court for the issue of directions or order or writs in the nature of habeas corpus,mandamus,prohibition,certiorari,quo warranto if there is no adequate remedy available or he can directly approach supreme court . when any other right of a person is infringed he should first approach high court and not supreme court. thus supreme court is the guarantor and protector of fundamental rights
What principle was affirmed in the Supreme Court case of marbury v. Madison?
The most important result of Marbury v. Madison, 5 US 137 (1803), is that it affirmed the Supreme Court's right of judicial review and set a precedent for future cases. Judicial review is the power of the Court to evaluate Acts of Congress (laws) and the President (Executive Orders) relevant to cases before the Court to determine their constitutionality, and to nullify any they find unconstitutional.In Marbury, the Supreme Court determined Section 13 of the Judiciary Act of 1789 was unconstitutional because Congress had overreached their authority by granting the Court the right to issue all writs of mandamus, which contradicted the language of Article III of the Constitution.
What was the effect of the US Supreme Court case Marbury v Madison?
The most important effect of Marbury v. Madison, (1803), is that it affirmed the Supreme Court's right of judicial review and set a precedent for future cases. Judicial review is the power of the Court to evaluate laws relevant to cases before the court to determine their constitutionality, and to nullify (overturn) any they find unconstitutional.In Marbury, the Supreme Court decided Section 13 of the Judiciary Act of 1789 was unconstitutional because Congress had overreached its authority by granting the Court the right to issue all writs of mandamus, which contradicted the language of Article III of the Constitution.Case Citation:Marbury v. Madison, 5 US 137 (1803)
Did William Marbury ever get the commission that Marbury v Madison said he had a right to?
No. In the opinion of the Court, Marshall declared Marbury was entitled to his commission, but that the Supreme Court didn't have original jurisdiction to issue the writ of mandamus Marbury requested. Marshall explicitly stated Marbury would have to refile his case in a lower court first, then appeal to the Supreme Court if he failed to get relief at that level. Marbury never refiled his case.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information, see Related Questions, below.
The supreame courts usually what kind of cases?
There is no telling which case or what kind of a case the Supreme Court will hear. If a case is simple, it never will get to the Supreme Court. Cases that reach the Supreme Court have gone through one or more appeals processes. Sometimes a appeal reaches the Supreme Court when a federal court of appeals has made a ruling different from another federal court of appeals. In that case, the supreme court is asked to certify an issue. That is a fancy term meaning to play referee. The Supreme Court certifies an issue when it takes up an issue where district courts of appeal have made different rulings concerning the application of the same law. (Sometimes the Supreme Court refuses to take up the issue. In that case it simply states, "Cert. Denied.") Normally, all cases that reach the Supreme Court have come from the Federal Courts of Appeal or the Highest State Court. However, the Supreme Court reserves the right to sit as a court of original jurisdiction. The last time the Supreme Court granted a writ of Habeas Corpus was 1924. It retains that right. I doubt if any member on the Supreme Court has any idea under what conditions that would happen. Still, it retains that right.
When is a Writ of Mandamus applied?
Writ of Mandamus can be filed, as per our constitution under Article 32 in the Supreme Court, and under Article 226 in the High Courts of the States. All the writs known as the constitutional remedies can be filed under Article 32 and Article 226 of the constitution, if there is any violation of fundamental rights guaranteed under Part-III of the constitution. Writ of Mandamus is one remedial right. Writ of Mandamus literally means "We Command" According to the Writ of Mandamus can filed for the performance of the legal duty for which the person has a legal right. It is used for public purposes and to compel performance of public duties. Mandamus lies not only against executive authorities, but also against judicial and quasi-judicial authorities.
Which issue was addressed in the Supreme Court Decision Roe v Wade?
The Supreme Court decision Roe v. Wade addressed the issue of abortion and established the constitutional right to privacy, which includes a woman's right to have an abortion. This landmark decision legalized abortion nationwide and prohibited states from banning or significantly restricting access to abortion.
What are the powers of the supreme court od India?
supreme court's decision is the fynal decision. supreme court can ineterpret the law. supreme court hav a right to punish the personif he/she breaks the law.
Who is the protectar of fundamental right?
supreme cort is the protector of funda mental rights.
What is a special leave petition?
Special leave petition means that you take special permission to be heard in appeal against any High Court/tribunal verdict. Usually any issue decided by the State High Court is considered as final, but if there exist any constitutional issue or legal issue which can only be clarified by the Supreme Court of India then, this leave is granted by the Supreme Court & this is heard as a Civil or Criminal appeal as the case may be. Going to the Supreme Court in appeal should not be considered a matter of right by any one but it is matter of privilege which only the Supreme Court will grant to any individual if there exist an important constitutional or legal issue involved in any case that was not properly interpreted by the concerned High Court against whose judgment you approach the Highest court of the country not otherwise
What takes place in federal district courts that does not happen in federal appeals courts or in Supreme Court?
Trial by jury is a right in the lower courts that does not apply in appeals courts or the Supreme Court. The jury makes findings of fact and fact is no longer in issue on appeal.
