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55 Cards in this Set
- Front
- Back
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William Marbury
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appointed to Justice of Peace by John Adams to give the Federalists a stronghold in the judicial branch.
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James Madison
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secretary of state under Thomas Jefferson who refused to deliver Marbury commission under instruction of Jefferson
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Thomas Jefferson
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third president of the United States (1801).
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John Adams
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The second president of the United States, appointed Marbury to be Justice of Peace before he left office.
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John Marshall
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recently appointed Chief Justice of the United States, continued acting as Secretary of State at President Adam's personal request. cheif justice during Jefferson's presidency, denied Marbury's petition, holding that the part of the statute upon which he based his claim, the Judiciary Act of 1789 was unconstitutional.
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affidavit
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a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.
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mandamus
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a writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation.
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ministerial act
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a government action performed according to legal authority, established procedures or instructions from a superior, without exercising any individual judgement. any act a funtionary or bureaucrat performs in a prescribed manner, without exercising any individual judgement or discretion.
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February 1801 act of Congress
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there shall be appointed in an dfor each of the said counties, such number of discreet persons to be justices of the peace as the president of the United States shall, from time to time, think expedient, to continue in office for five years
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inchoate act/offense
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the crime of preparing for or seeking to commit another crime. (conspiracy). Conduct deemed criminal without actual harm being done, provided that the harm would have occurred is one the law tries to prevent.
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civil liberty
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rights and freedoms that provide an individual specific rights such as the right to life, freedom from torture, freedom from slavery and forced labor, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to privacy, freedom of conscience, freedom of expression, freedom of assembly and association, and the right to marry and have a family.
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remedy
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the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will.
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appellation
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an identifying name or title, the act of calling by a name
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amenable
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open and responsive to suggestion; easily persuaded or controlled; capable of being acted upon in a particular way; susceptible.
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propriety
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the state or quality of conforming to conventionally accepted standards of behavior or morals.
the details or rules of behavior considered correct |
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pretensions
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a claim or the assertion or a claim to something. an aspiration or claim to a certain status or quality.
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apportion
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divide and allocate, assign
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conferring
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grant or bestow, have discussions, exchange opinions
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original jurisdiction
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the power of the court to hear a case for the first time.
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appellate jurisdiction
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the power of the court to review a lower court's decision.
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surplusage
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a matter introduced in legal pleading which is not necessary or relevant.
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solicitude
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care or concern for someone or something, the state or being concerned and anxious.
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enumerates
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mention (a number of things) one by one. establish the number of.
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controvert
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deny the truth of something, argue about something.
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repugnant
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extremely distasteful; unacceptable. in conflict with; incompatible with.
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conduce
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help to bring about (a particular situation or outcome).
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transcended
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be or go beyond the range or limits of (something abstract, typically a conceptual field or division). surpass (a person or an achievement).
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paramount
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more important than anything else; supreme
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expound
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present and explain (a theory or idea) systematically and in detail. explain the meaning of.
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judicial duty
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a duty as legitimately pertains to an officer in the department designated by the Constitution as the judicial.
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subvert
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undermine the power and authority of (an established system or institution).
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omnipotence
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unlimited power
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bill of attainder
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an act of legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.
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ex post facto law
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retroactive (operative with respect to past occurances, as a statue retrospective) law; a law that retroactively changes the legal consequences (or status) of actions committed or relationships that existed prior to the enactment of the law.
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prosecuted
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institute legal proceedings against (a person or organization).
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especial
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used to single out one person, thing or situation over all others.
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incumbent
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the holder of an office or ecclesiastical benefice.
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mockery
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derision; ridicule. an absurd misrepresentation or imitation of something.
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ostensibly
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apparently or purportedly, but perhaps not actually. s
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section 13 of the Judiciary Act of 1789
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the act to establish the judicial courts of the United States authorizes the supreme court to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
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ex parte McCardle
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U.S. Supreme Court decision that examines the extent of the jurisdiction of the Supreme Court to review decisions of lower courts under federal statutory law.
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recused
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challenge as unqualified to perform legal duties because of possible conflict of interest or lack of impartiality
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act of 1801
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midnight judges act; represented an effort to solve an issue in the U.S. Supreme Court during the early 19th century. reduced the number of seats in the Supreme Court from 6 to 5. allowed Adams to nominate members of his own Federalist party to sixteen circuit and five new District judge positions.
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dispositive
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relating to or bringing about the settlement of an issue or the disposition of property.
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statutory interpretation
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the process by which courts interpret and apply legislation.
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traditional jurisprudence
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the idea that the activity of judging has to do with analyzing terms.
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analytical jurisprudence
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what they consider very robust notions about truth conditions. sees the activity of adjudication in a similar way.
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textualism
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a formalist theory of statutory interpretation, holding that a statue's ordinary meaning should govern its interpretation, as opposed to non-textual sources strict adherence to the text.
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original intent
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a theory in law concerning constitutional and statutory interpretation. presumes that there is a single, unified intent behind text.
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sociological jurisprudence
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an approach to adjudication that views law as a means to promote social welfare, requiring legislators and judges who will make law in light of society's constantly evolving needs and interests.
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legal realism
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a family of theories about the nature of law that posits that all law is made by human beings and is therefore subject to human foibles, frailties and imperfections.
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neo-realism
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movement that flourished especially after WWII, seeking to deal realistically with the events leading up to the war and with their resulting social problems.
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natural law
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a law whose content is set by nature and is thus universal. the use of reason to analyze human nature and deduce binding rules of moral behavior.
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legal positivism
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a school of thought of philosophy of law and jurisprudence that there is not any inherent or necessary association between the validity conditions of law and ethics or morality. laws are rules made, whether deliberately or unintentionally, by human beings.
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jurisprudence
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the theory and philosophy of law.
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