Law & Legal Issues
History of the United States
US Constitution
US Government

Did Marbury's case ever go to the lower federal courts?

Top Answer
User Avatar
Wiki User
Answered 2010-12-24 00:08:20

No. William Marbury filed a petition for a writ of mandamus (an order compelling an official to take - or refrain from taking - a legal action) with the US Supreme Court, which is the head of the federal court system.

The Judiciary Act of 1789 assigned original jurisdiction to the Supreme Court for writs of mandamus against government officials, which Chief Justice Marshall decided was not the Constitution's intention. According to Marshall, Marbury's case was not within the Court's jurisdiction; he would have to file with the lower court (District Court) for relief.

Marbury never refiled his case.

Case Citation:

Marbury v. Madison, 5 US 137 (1803)

User Avatar

Your Answer


Still Have Questions?

Related Questions

How is a case appealed to the US Supreme Court through the federal court system?

The Supreme Court is the highest of the federal courts. Cases from the court of appeals in each circuit and from the state supreme courts can be appealed to the Supreme Court. The Supreme Court can "reach down" to the lower courts and hear that case, or, it can hear a case on appeal from the lower federal courts or highest state courts, at the Supreme Court's discretion.

The federal courts have jurisdiction over a case on the basis of what?

Simply, if the case arises under federal statute or is a case of constitutional interpretation federal courts will have original jurisdiction.

If the supreme Court makes a ruling on a case. What are the chances that a lower court will rule the same way on similar cases including state supreme Court ruling for probate cases?

A United States Supreme Court decision is mandatory on all lower federal courts. That includes federal courts of appeal and federal district courts.

To have a case decided by a federal court you must have what?

A case over which the federal courts have jurisdiction.

Can the president require the supreme court to hear a case?

No. This is out of his power. The cases work their way through lower courts and the justices are not required to take a case. The federal government can bring a case through the courts, but the president isn't involved.

How does a case reach a US District Court?

US District Courts are trial courts, the entry point of the federal court system. A case reaches the federal district courts when someone commits a federal crime or is sued under federal jurisdiction.

What does it mean when a case is heard in the lower courts first?

Lower courts are where cases are initially started. If they are appealed, they are taken to higher courts.

What court case was presented to the federal district courts?

There have been millions of court cases brought in federal district courts.

Can the federal courts only hear appeals from the state courts?

No. Most state cases stay within the state court system, and most federal appeals are from lower federal courts.The Federal courts only hear appeals from the state courts if the case involves a preserved federal question (a question of federal or constitutional law that has been raised at every level from the trial through the appellate process). Under special circumstances, federal courts may also hear cases that would ordinarily be heard in state courts under either original (trial) or appellate jurisdiction.

What branch of government reviews lower federal court decisions?

Appellate courts in the Judicial Branch have jurisdiction (power, authority) to review lower court decisions if the appellate court receives the case on appeal. The courts do not routinely review lower court decisions, otherwise.

A case falls within a jurisdiction of the federal courts if it concerns what?

An issue of federal law.

Where are most federal case resolved?

In the US District Courts

Who is responsible for case involving copyright violations?

the federal courts

Which of these is a case where the original jurisdiction is the federal courts?

A case involving a citizen from another country

When a case can be heard in either a state or federal court?

The federal and state courts have concurrent jurisdiction.

Can a federal judge try a case without a case number?

District courts do not try cases....

Which branch of government reviews lower court decisions?

Appellate courts in the Judicial Branch of state and federal government may review lower court decisions if the appellate court receives the case on appeal and has jurisdiction over the case. For example, a federal court decision can't be appealed to a state appellate court.

Which is a case where the federal courts have original jurisdiction?

Any case arising under federal law. Examples would be admiralty law, federal tax law, or bankruptcy.

What is a courts ability to hear a case known as?

A courts right to hear a case is known as original jurisdiction. In addition, higher courts can review the decisions of lower courts by a right called appellate jurisdiction.

What kinds of cases are decided in federal courts?

Federal courts have jurisdiction over cases that involve federal law. There are also a few jurisdiction issues that could bring a state law case into federal court.

Does concurrent jurisdiction exist when both federal and state courts have the power to hear a particular case?

Yes. When both state and federal courts have authority to hear the same case, it's called concurrent jurisdiction.

What are the eight types of cases over which the federal courts have jurisdiction?

Federal courts have jurisdiction over any case that raises a question of federal law. There are far more than 8 types.

What is a case where the federal courts have original jurisdiction?

In cases arising under federal law, the federal courts have federal question jurisdiction. Federal jurisdiction can also arise where there is diversity of citizenship between the parties, as where they reside in two different states.

What kinds of suits involving state citizens can federal courts hear?

Federal courts hear cases with federal jurisdiction. Such jurisdiction comes if the case hears a question of federal law or if the case has diversity jurisdiction (parties are citizens of different states and minimum dollar amount is in dispute.)

When both the state court and the federal court have jurisdiction what is it called?

When state and federal courts both have authority to hear the same case, they have concurrent jurisdiction.Each system has both courts of original jurisdiction (trial courts) and courts of appellate jurisdiction. State courts typically hear matters involving state questions; federal courts hear matters involving federal questions. There are some exceptions, however, when a case may be heard in either state or federal court.For more information, see Related Questions, below.