Writ

All Writs Act of 1789. Apple refuses to comply stating that if the back-door was to be produced and fell into the wrong hand the nations privacy rights would be out risk. While the issue seems to be very compartmentalized it has national implications. The Apple and FBI feud represents the larger conflict of the clash between the necessary and proper…

Intro: In this essay I will give a brief overview of U.S Governments request to apple in conjunction with Tim Cook’s argument. Furthermore, I will provide my own opinion on the matter with support from the All Writs Act and the publics opinions, after reference to David Friedman about his views on privacy. Summary of Cook’s Argument: Tim Cook, Apple C.E.O has made a public announcement in regards to the U.S Government’s request to create an Apple Iphone “backdoor.” He expresses how important…

He believes that if they can abuse the All Writs Act they will abuse this software they are asking to be made and if they can make other companies create the same thing then they will also abuse that. The All Writs Act is a 227 year old law that states “The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law” which basically says that gives the Supreme…

little to no power. To combat the abuse of such power, the Writ of Habeas Corpus was written into the Constitution to provide rights to individuals who have been accused of a crime, although select Presidents have found ways to circumvent that right and assert their presidential prerogatives in times of crisis. The most recent battle that has caused much strife in our nation is the War on Terror. Following September 11, 2001, the United States government has demonstrated its unchecked power…

Even though the FBI has gained access to the phone’s data, Apple may change the software code and thus requiring the FBI to ask for Apple’s help in the future. Using the All Writs Act, even in the future to get access to future phones is dangerous. It creates a precedent that the government can justify doing anything to get access to data in the justification of needing to solve a crime. This precedent could eventually lead to the FBI being able to have access to your house without a warrant,…

President Should Not Suspend The Writ of Habeas Corpus According to the constitution of the United States, Article 1, Section 9, clause 2 states “The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or the invasion the public safety may require it.” Our understanding to this statement is that habeas corpus should be in-effect all the time not unless it is needed to be disclose due to a war or for the safety of all human beings. The writ of habeas…

Huscroft has remarked that by 1217, English Law was no longer based simply on local custom and tradition but on firmly established principles and concepts and on regular and standard mechanisms for investigation, prosecution and trial. In terms of standardisation, the most prominent example of the creation of common procedures was the introduction of ‘writs’. Like the ‘justice in eyre’ system and many other legal institutions of the 12th century writs themselves were not a new invention…

William Marbury was a judge appointed to a circuit court by the second president John Adams. John Adams lost the election to Thomas Jefferson, and decided to make a few more appointments on his way out of office. (Kelly, 2014) The state secretary at that time was James Madison. He was the individual commissioning appointments but decided against the order once Thomas Jefferson took office. William Marbury filed a lawsuit against James Madison on the grounds that he was violating section thirteen…

Under Henry II, we begin to see prosecution at the suit of the crown. Henry II is responsible for this by beginning to sell writs to his subjects. By purchasing these writs, subjects could now have their cases heard in royal courts which would be heard by a jury, as a sheriff will call 12 men good and true to serve as this jury. (Greenberg, Lecture, Sept 20). So why is this is important? Say for instance, a vassal accuses his lord of stealing his land and his cattle, and with it, his…

John Adams on the last day of his term. Marbury petitioned for the Supreme Court of the United States to issue a writ of mandamus to Thomas Jefferson’s Secretary of State, James Madison, to compel him to issue the commissions. Chief justice John Marshall concluded that William Marbury did have a right to the commission. The commission takes effect…