Marbury v. Madison
Leah Armbruster Block 2 3-16-05 Marbury v. Madison . Name and Citation of Case. Marbury v. Madison 5 U.S. 137 (1803) 2. Facts: What happened? The case of Marbury v. Madison began on March 2, 1801. The Justices in the case were: William Cushing, William Paterson, Samuel Chase, Bushrod Washington, Alfred Moore, John Marshall, William Johnson, Gabriel Duvall, Joseph Story, Smith Thompson, John McLean, Henry Baldwin, and James M. Wayne. The case began when William Marbury was appointed the position as a justice of the peace in Washington D. C. by John Adam's in the final days of his presidency. Because it was his final days of the presidency, these appointments were not finalized. The appointees became distraught at this confusion, and they invoked an act of Congress and sued for their jobs in the Supreme Court. The case of Marbury v. Madison was argued on February 11, 1803, and was decided on February 24, 1803. 3. Procedural of History: What did the original court decide? Who appealed to the appellate court? What was the decision of the appelate court? Who appealed to the Supreme Court? In the case of Marbury v. Madison the case was taken directly to the Supreme Court. William Marbury declared an act of Congress, and took sued for their jobs in the Supreme Court. The case Marbury v. Madison was decided by Supreme Court Chief Justice Marshall, in February of
Identify and comment on the advantages and disadvantages of these alternatives compared to a claim through the civil courts.
Specimen Examination Questions (b) Identify and comment on the advantages and disadvantages of these alternatives compared to a claim through the civil courts Going through the civil courts can be a long, arduous process and many people seek other means of gaining justice. However these means can have disadvantages as well as advantages. Mediation, Negotiation, Conciliation, Arbitration and Tribunals are all routes, which can be taken to avoid going through the courts. Many people avoid civil courts because of the long delays in deciding a case and the costs, which are huge. There is also the fact of formality in courts, which can ruin the relationship between parties and complicate simple disputes, and legal representation, which is expensive, slow, and a factor that increases the formality. However, there are also advantages to going through the civil courts such as the formality that means the parties know what to expect and are therefore prepared; and the legal representation, which means that people have professional assistance in preparing and presenting a case. The delays in the County Court average 20 months and cases, which end up in the High Court, take an average of up to 3-4 years. This seems absolutely ridiculous, especially when compared to the matter of months a well-run arbitration takes. To aid in this problem in the courts, the fast-track scheme has been
Alternative Dispute Resolution Essay
Alternative Dispute Resolution Essay There are various ways of settling disputes without using the civil courts, these are knows as Alternative Dispute Resolution, or ADR which are used mainly in construction, family, commercial and employment issues. There are 3 main types of ADR: conciliation, mediation and arbitration, this essay will explore how they work and what is involved in each process. Mediation A mediator, a neutral third person is appointed to help both parties reach an agreement, which they will both find acceptable, already we can see an advantage over court hearings because in court hearing only one person can win fully, whereas in mediation both parties gain, or lose less than they would in court. The mediator will try to see similarities between the wills of each of the parties and use this to encourage an agreement both the parties will like. In mediation however, the parties are not controlled, the mediator has no real power; the parties themselves must make the decision, though advice is given and accepted freely. There is a more formal side of mediation known as a Formalised Settlement Conference. This is sometimes called a 'mini trial', in which a panel consisting of an executive decision maker from either side of the case, and a small neutral party which will look at the position of each side and try to make a settlement. Mediation is commonly used
Examine recent trends in the use of custody in respect of juveniles over the last two decades, and consider the effectiveness of incarceration in relation to the problem of crime.
"Present government strategy for dealing with youth crime is centred on the use of custodial sentences" (Sale, 2002). This assignment will examine juvenile custodial trends, including statistical data and political issues, considering the arguments for and against the effectiveness of incarceration in relation to the problem of crime. The practice of holding young teenagers on remand in adult prisons overrides widely spoken belief (rhetoric) about the negative impact of jails on young people (Harker, 2002). For more than 20 years there has been concern about the use of custody for young boys, exacerbated by a series of scandals involving bullying and suicides. Despite evidence that prison conditions are conducive to abuse, self-injury and further criminal activity, successive governments have allowed the number of teenagers held in prison on remand to rise. The implementation of two new statutes; the Crime and Disorder Act (1998) and the Youth Justice and Criminal Evidence Act (1999) have resulted in an overhaul of the youth justice system in England and Wales. Under the 1998 Act, the aim of the youth justice system is defined as: "preventing offending by young people" (www.howard.league.org.uk). The new system is underpinned by an emphasis on early intervention and greater inter-agency working. An example of inter-agency working is the introduction of
Evaluate how effectively governments and our legal system have recognised and responded to the following issues: Aboriginals and the Law including their right to self-determination
Evaluate how effectively governments and our legal system have recognised and responded to the following issues: Aboriginals and the Law including their right to self-determination In the past century, there have been many changes in the law for Aboriginals. The government and the legal systems have responded to these issues in numerous ways. In the early stages of British settlement, the terra nullius doctrine was the government policy in regards to the Aboriginals. The term terra nullius means 'the land of no one.' The British claimed that the Aboriginal people did not have ownership of the land due to the British's belief that their social organisation was primitive and that there was no obvious system of law. Thus, misunderstanding and no knowledge of Aboriginal culture led the government to not effectively recognise the Aboriginal identity and their customary laws. As time went on, it was evident that the Aboriginal people were dependent on the land however, the British people were ignorant so many massacres and violence broke out. Dispossession occurred to the Aboriginals and they had lost all rights to their lands. There were many efforts by the British to disperse, dispossess and annihilate the Aboriginal people. These courses of action did not recognise the rights of the Aboriginal people. The introduction of the protectionism policy was the government's response to
Judical Creativity in Law
Judicial creativity The traditional view of the law making process is that Parliament makes the law through acts of parliament and delegated legislation and judges merely apply it in court to the cases presented before them. The main reason for this being that Members of Parliament are democratically elected to make law. Whereas judges are appointed by the Lord Chancellor to decide cases. Although theoretically this should be true in reality judges can and do make law through the operation of the doctrine of judicial precedent and statutory interpretation. There are many areas of law which owe their existence to decisions by judges. For example in the Criminal Law the judges played a major role in developing the law on intention and the relationship of foresight of consequences to intention has also been formulated by judicial decisions in Molony, Nedrick and Woolin though in these cases there was a statutory starting point with s8 Criminal Justice Act where Parliament provided guidance. The law of negligence in the law of tort is another area which has been developed and refines by judicial decisions. For example the development of the neighbour principle in the case Donoghue v Stevenson which is the leading case when trying to establish whether a duty of care is owed. In England and Wales the courts operate a very rigid doctrine of precedent which has the effect that
Reforms to criminal justice systems
Reforms to criminal justice systems The Government published the Auld report on the 8th October 2001. This was a huge report, which basically reviewed the criminal courts system. Sir Robin Auld (a senior Appeal court judge) conducted this review. The review was acknowledged by the government as being a vital contributor towards establishing modern, efficient criminal courts (e.g. fewer delays in them etc.). Auld's key recommendations include: * Unified criminal courts, replacing the Crown and Magistrates courts, and consisting of 3 divisions. The Crown Division (which is effectively the Crown Court as we know it) would exercise jurisdiction over all indictable-only matters and the more serious either-way offences. The District Division, presided over by a District Judge or Recorder and at least 2 magistrates, would exercise jurisdiction over a mid-range of either-way matters of sufficient seriousness to merit up to 2 years custody. The Magistrates Division, constituted by a District Judge or Magistrate, which is more or less the Magistrates Courts as we know them, would deal with all summary matters as presently defined and less serious either-way cases. Controversially, the courts in the Magistrates Division would allocate all either-way cases according to the seriousness of the alleged offence and the circumstances of the defendant. In any dispute as to venue, a
To what extent is it still true to say that legal justice in England and Wales rests upon adversarialism?
To what extent is it still true to say that legal justice in England and Wales rests upon adversarialism? Introduction In the past, legal justice in England and Wales has rested upon adversarialism a great deal more than today. There have been many changes within the English legal system that seem to have in some way damaged the adversarial process. In this assignment I strive to examine these changes by using examples of adversarialism both being successful and detrimental to the English justice process. As the word justice and adversarial apply to both aspects of law (criminal and civil) then, of course, I will mention the changes in both but the bulk of this essay will be based on the effects within the civil legal system. What do we mean by 'adversarial' and 'justice' within criminal and civil law? The word 'justice' is controversial and takes many definitions within law but in this instance, I will mainly concentrate on how the English legal system uses adversarialism to achieve justice and research to what extent the use of the adversarial process has changed within the fast developing UK legal system. The word 'adversarial' has several meanings but the most plain of these is, "one side against the other."1 Within law, adversarialism is a battle over which side or story is believed. Firstly, there are two approaches for attempting to achieve fairness within the
Description of the jury system
Describe the system of trial by jury within the English legal system The jury system has been in use for hundreds of years and was confirmed under Magna Carta 1215, however the system of trial by jury can be traced back to the reign of Henry II (1154-1189). The system by which we are familiar with today, i.e. juries giving verdicts on the basis of what is related to them by witnesses at the court hearing was coming into prominence in trials of serious offences as early as the fifteenth century. The jury is found in the Crown Court and sit for indictable offences. Juries consist of 12 people of either sex, swearing on the Bible or equivalent religious text, swear to: "Well and truly try the case and give a true verdict according to the evidence". The law on juries is governed by the Juries Act 1974, as amended by the Criminal Justice Act 1988 and the Criminal Justice and Public Order Act 1994. Qualification for jury service is attainable if a person meets the following criteria: i. Their name appears on the electoral register; i.e. they are eligible to vote ii. They are aged between 18 &70 iii. They have been resident in the UK for 5 years since they since they were 13 However, these rules have not always governed selection. Prior to 1972 selection was based solely on the size of the property that a person lived in, and whether the individual owned or leased that
How the Lawe in Australiacan be used to combat the problems caused by Motorcycle Gangs.
OMCGs Recent high profile incidents involving members of outlaw motorcycle gangs have attracted the attention of the media, law enforcement bodies and legislators across Australia. A recent indecent sparked public debate about the rising crime associated with OMCGs in Australia, amid fears that the incident could ignite an all-out war between members of rival motorcycle gangs. Mechanisms for achieving justice in relation to OMCGs Recent media attention and public concern following some of the violent OMCG related incidents have resulted in important, and unprecedented, legislative responses. In addition to legal responses, responses of the public and interested groups have helped to shape the approach to OMCGs around the country. Legal responses Legal responses to OMCGs fall into three categories: * Enacting laws to prosecute individuals for the specific crimes that they have committed, such as assault, drug offences or money laundering * Establishing police task forces or increasing police powers to gather intelligence on OMCGs and target their activities * Enacting laws that aim to criminalise the clubs themselves or participation in the clubs Law targeting individual crimes One of the difficulties encountered by police in dealing with OMCG criminal activities is that prosecuting for individual crimes can seem inadequate to deal with the widespread nature for the
