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Does the US Supreme Court have the right to issue a writ of mandamus?
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.
Can mandamus issue to compel the performance of a judicial function?
Yes, Mandamus according to the U.S. Supreme Court (Will v. U.S.) is used by the Higher Courts to order the Lower Courts to perform proper judicial functions, one of which is compliance with the Rules of the Court.
When can US supreme court decisions be modified?
When the issue is again brought before the Supreme Court.
In the US Supreme Court's opinion was Marbury entitled to his appointment?
Yes. 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.
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 is the Latin word for an apellate court order directing a lower court to act?
You may be referring to a writ of mandamus or certiorari.If the appellate court is directing a lower court official to take a particular action, they can issue a writ of mandamus. If they are ordering the lower court to send records for a case on appeal, they issue a writ of certiorari. Your question wasn't clear enough to determine which of the two you're asking about.For more information, see Related Questions, below.
Which act did the US Supreme Court declare wholly or partly unconstitutional?
The US Supreme Court has declared hundreds of state and federal acts unconstitutional under the power of judicial review.The first time the Supreme Court exercised judicial review to nullify federal law was in 1803 when Chief Justice John Marshall declared Section 13 of the Judiciary Act of 1789unconstitutional because he believed Congress had extended the Supreme Court's authority to issue writs of mandamus under its original jurisdiction (the first court to review a case) to federal officials, in contradiction to language in Article III of the Constitution.
When a lower court decision is appealed to the supreme court what will most likely happen?
Depends on the issue. The Supreme Court can send it back to the lower court, not hear it, or they can hear it.
What is the issue in the four important cases the Supreme Court is about to review?
Supreme Court will review cases from four states on the freedom to marry.
In what case did the Supreme Court refuse to incorporate the Second Amendment to the States via the 14th Amendment?
United States v. Cruikshank, 92 US 542 (1876)The US Supreme Court held the Second Amendment only applied to the Federal government, and that gun regulation was a state's rights issue.
What was the first case in which the US Supreme Court nullified a law made by Congress?
Marbury v. Madison, 5 US 137 (1803)The US Supreme Court used the power of judicial review to declare Section 13 of the Judiciary Act of 1789 unconstitutional because Congress overstepped its authority and attempted to expand the Court's original jurisdiction by allowing them to issue writs of mandamus (a court order compelling an official to take action) to US government officials.
Why did William Marbury lose his case?
Chief Justice Marshall (and the US Supreme Court) didn'trule against Marbury; the opinion of the Court clearly stated Marbury and his fellow plaintiffs were entitled to their commissions. The only reason they didn't receive them via a writ of mandamus from the Supreme Court was that the Court also determined it lacked authority to issue the order under its original (trial) jurisdiction. The reasoning was that Congress had attempted to expand the Supreme Court's constitutional authority into an area not explicitly permitted in Article III.Chief Justice Marshall told Marbury he would have to first refile his case in a lower court then, if necessary, bring it to the Supreme Court on appeal.There were two unspoken issues underlying the court's opinion. The first was Marshall had to maneuver around the likelihood that Jefferson/Madison would never agree to reissue the discarded commissions, and the Supreme Court lacked any authority to enforce such an order.Case Citation:Marbury v. Madison, 5 US 137 (1803)
