17th lecture
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John Adams appointed Marbury as a justice of the peace for the District of Columbia. However, Thomas Jefferson and James Madison refused to deliver Marbury's commission. This led to the landmark Supreme Court case of Marbury v. Madison in 1803, where Chief Justice John Marshall established the principle of judicial review. The Court declared Section 13 of the Judiciary Act of 1789 unconstitutional, marking the first time it struck down a law for being unconstitutional. This established the Supreme Court's ability to review the constitutionality of laws and acts of Congress.
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18th lecture
This document defines judicial review and discusses its application in different countries. It also examines the merits and demerits of judicial review. Judicial review refers to a court examining the constitutionality of laws, executive actions, or judicial proceedings. The document outlines the powers of judicial review for high courts and supreme courts in Pakistan under Articles 184 and 199 of the constitution. It also lists the objectives as learning about the concept of judicial review, its application through sue moto powers and various articles, and the merits of judicial review such as protecting constitutional rights and separating governmental powers, as well as the potential demerits like becoming undemocratic or leading to an autocratic judiciary.
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WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand.
The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
· “The Judicial power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizen ...
Judicial Review
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Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docx
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). .
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docx
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). ...
Judicial
The judicial branch established in Article III of the Constitution includes a multi-level federal court system. The lower courts are district courts and courts of appeals, which have jurisdiction over federal laws, disputes between states/citizens of different states, and cases involving the U.S. government. The highest court is the Supreme Court, which has the power of judicial review to determine the constitutionality of laws and issue final rulings that can only be overturned by a new Supreme Court decision or constitutional amendment.
Discovering the procedures of the judiciary system-1.pdf
The United States has both a federal and state court system. The federal system has the Supreme Court as the highest court, followed by circuit courts of appeals and district courts. State systems each have a highest state supreme court and may have intermediate appellate courts below the trial courts. Both systems have jurisdiction over certain types of cases. Personal jurisdiction is over defendants in the state, while subject matter jurisdiction involves the legal issues. Federal courts hear cases involving federal law or between citizens of different states. State courts handle most criminal cases as well as family, contract, and tort law cases within the state. The hierarchy of laws includes the US Constitution as highest, followed by federal statutes, state constitutions, and common law.
Legislative Politics Chapters 12 - 14
This document summarizes key aspects of the US judicial system as established by the Constitution and subsequent Supreme Court rulings, including:
1) It outlines the establishment and powers of the federal court system according to Articles III of the Constitution.
2) It describes how judges are nominated by the president and confirmed by the Senate, and the role of interest groups and politics in this process.
3) It explains the Supreme Court's power of judicial review to examine the constitutionality of laws and actions of the other branches of government.
The Judicial Branch
The federal court system is established by Article III of the Constitution. The federal courts have jurisdiction over cases involving the Constitution, federal law, disputes between states or citizens of different states, and disputes involving foreign governments. The lower federal courts include district courts and courts of appeals. District courts handle most cases and have original jurisdiction, while courts of appeals only hear appeals from lower courts. The highest court is the Supreme Court, which has the power of judicial review to determine the constitutionality of laws and final authority on interpreting the Constitution.
American Government: A Complete Coursebook - Chapter 13
The Supreme Court is the highest court in the US judicial system. It has the final say on interpreting the Constitution and federal law. Below the Supreme Court are the lower federal courts and state courts, which together form a dual court system. Cases can be heard in either federal or state courts depending on the types of laws, parties, and jurisdictional issues involved. The Supreme Court has both original jurisdiction over a few specific types of cases and appellate jurisdiction to review cases from lower courts. Its key powers include judicial review and establishing precedents through its rulings.
Section 4 & 5 of the Judicial Branch
The document discusses the development of the federal court system in the United States. It describes how the founders assumed judicial review but did not explicitly state it. It then outlines three key stages in the development of the federal courts: 1) 1787-1865, where the Supreme Court asserted national supremacy over state law; 2) 1865-1937, where the Court sought to protect private property but also allowed some regulation of business; and 3) 1936-present, where the Court became more deferential to government regulation of the economy but sought to protect civil liberties. The document also briefly describes the structure of the federal courts and their jurisdictions.
Judiciary
The document discusses key aspects of the US judicial system, including the dual court system with both federal and state courts. It outlines the structure and jurisdiction of federal courts, from district courts handling original cases up to the Supreme Court as the highest court. The Supreme Court has discretion over which cases it will hear and uses a process of writs of certiorari. It also discusses the political aspects of appointing federal judges and their job security.
Judicial Power
The document provides an overview of the American judicial system and constitutional limitations on judicial power. It discusses the dual court system with separate federal and state court hierarchies. Key points include:
- The US Constitution established both federal and state court systems, with 95% of cases handled in state courts.
- Federal courts have limited jurisdiction over cases concerning federal law and constitutional questions, while state courts have general jurisdiction.
- The Supreme Court has the final say on the meaning of the US Constitution.
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More from Munir Hussain
8th lecture
Promoters play an important role in establishing a company by organizing capital, preparing legal documents, and bearing initial expenses. However, promoters have a fiduciary relationship with the company and cannot profit secretly from their position. Promoters are responsible for pre-incorporation contracts and must reimburse the company for any fraud, secret profits, or breach of trust. Upon registration of the company, the promoter's role is complete except if they issue a prospectus afterwards. The document discusses the legal responsibilities and status of promoters under company law.
7th lecture
The document outlines the key stages in forming a company:
1. The promotion stage involves preparing essential documents like the memorandum and articles of association.
2. The incorporation/registration stage where the company is formally registered by submitting documents like the memorandum, articles, and director information to the registrar.
3. After registration, the company can raise capital through issuing a prospectus or statement in lieu of prospectus for public companies and then commence its business operations upon receiving a certificate of business from the registrar.
6th lecture
A private company has several restrictions compared to a public company, including:
- Restricting the right to transfer shares
- Limiting membership to 50 people maximum
- Prohibiting any invitation to the public
A public company does not have these restrictions and has fewer procedural requirements compared to a private company, such as:
- Membership is unlimited
- Shares are freely transferable
- Can issue a prospectus and invite investment from the public
The key difference is that a private company provides more procedural relaxations while a public company has fewer restrictions but more disclosure requirements. Both have equal legal status as independent legal entities.
5th lecture .
This document compares companies and partnerships across various factors such as legal status, liability, governance, and registration requirements. Key differences include:
- Companies have a distinct legal personality and perpetual succession while partnerships do not.
- Partners have unlimited liability for partnership debts but members of companies have limited liability.
- Partnerships are governed by partnership agreements while companies are governed by their memorandum and articles of association.
- Registration is optional for partnerships but mandatory for companies to obtain legal status and limited liability.
4th lecture
This document provides an overview of different types of companies under the Companies Ordinance 1984 in Pakistan. It discusses companies limited by shares, companies limited by guarantee, unlimited companies, and organizations not for profit. It notes that companies can be private or public. It also discusses associations not for profit, and the power of the Commission to dispense with "Limited" in the name of charitable companies. Examples of different types of companies are provided such as chartered companies, statutory companies, registered companies, single member companies, private companies, public companies, listed companies, companies limited by shares, companies limited by guarantee, home companies, foreign companies, and holding and subsidiary companies.
Agency
An agency is a contract that regulates the relationship between a principal and an agent. The principal is the person who authorizes another to act on their behalf as an agent. An agent is a person employed to act for or represent the principal in dealing with third parties. An agency can be created through agreement, estoppel, ratification, or operation of law. The duties of an agent include following the principal's directions, working with reasonable skill, compensating the principal, maintaining accounts, and communicating with the principal. An agency terminates through agreement between the parties, revocation, completion of the task, expiration of time, or circumstances such as death, insanity, insolvency, or a change in law.
Registration process
Two or more partners can register their partnership firm under the Partnership Act of 1932. The application process involves filling out Form 1, providing a partnership deed signed by all partners, and paying a registration fee of Rs. 1000. Applicants must also submit copies of CNICs, proof of a business address, and an authority letter if an agent is applying on behalf of the partners. Once completed documents are submitted to the Assistant District Officer, the registration will be processed according to the Partnership Act if all prerequisites are met. The registrar will issue a registration certificate if satisfied with the documents.
Essentials
This document discusses key aspects of partnership law, including:
1. The definition of partnership as a relation between persons sharing profits from a business carried on by agreement.
2. The four essential elements that must exist for a partnership: carrying on a business, agreement to share profits, business carried on by all or acting for all.
3. The importance of a partnership agreement which establishes terms, management regulations, and other provisions.
4. Examples of important provisions that should be included in a partnership agreement such as the name, nature of business, locations, partners, salaries, work divisions, profits, dealing bank, capital contributions, profit ratios, drawings, interest, admissions, goodwill, accounts, rights/dut
First assignment
Ms. Calpana Lee wants to register a firm called "Thanga Bahnga Lee" with the Security and Exchange Commission of Pakistan Quetta, but they refused. She argued that companies and firms have the same legal status, so the registration forum does not matter. Students of the 6th semester LL.B program must complete an assignment examining Ms. Lee's statement as the legal advisor to SECP. The assignment must follow a prescribed format with sections for particulars, contents, the main 3-page body, and remarks, and must be handwritten, with an April 8th deadline.
2nd lecture typology of partnership
This document summarizes different types of partnerships and their key characteristics. It describes general partnerships as those where all partners' liabilities are unlimited. Particular partnerships are formed for a specific project or time period. Partnerships at will have an unlimited time period. The document outlines that a partnership requires at least two people, is for business purposes only, involves mutual agency between partners and sharing of profits, and has unlimited liabilities for all partners. A limited partnership has at least one partner with unlimited liability and one or more with limited liability.
Lecture 1st
This document defines and explains the concept of bailment under contract law. It discusses:
1) Bailment involves the delivery of goods by the bailor to the bailee for a specific purpose, with an understanding the goods will be returned or disposed of as directed.
2) The bailor is the person delivering the goods and the bailee is the person receiving them. Bailment has certain essential elements to constitute a valid contract.
3) The document outlines the duties of both the bailor and bailee, as well as their respective rights. It also discusses how a bailment can be terminated.
1st lecture
This document provides an introduction to the subject of law of business organization. It outlines 9 key learning objectives: 1) to understand law, business, and organization, 2) the definition of law of business organization, 3) its nature and scope, 4) relevant laws, 5) the syllabus, and 6) the importance of business law. Business law regulates commercial activities and dealings through rules governing how to establish and run a business. It protects liberties, maintains order, resolves disputes, and establishes standards for business concerns and their interactions with government agencies and individuals. As infrastructure projects like CPEC develop, the significance of business law will increase considerably in Pakistan.
Result 1st
This document contains the results of the first quiz for the Introduction to Law course of the LL.B 1st semester. It lists the role numbers of 502 students and their individual scores on Quiz 1, Quiz 2, Quiz 3, Assignment 1, and Assignment 2. The lecturer is Munir Hussain from the University Law College in Quetta. It is dated October 31, 2020 and is regarding the results of the first quiz for Unit One of the Introduction to Law course.
2ND quiz 1 semseter
This document appears to be a quiz for a law course, containing different types of questions about introductory legal concepts. It includes true/false questions with answers, multiple choice questions on topics like ancient law codes, and a matching exercise pairing answers with letters. The quiz was prepared by a lecturer and covers material for the first semester of an LL.B program.
Result 1st
The document contains the results of the first quiz for the Introduction to Law course of the LL.B 1st semester. It lists the role, student number, name, and marks of 501 students. It also provides the course code, standard, topic, and details of the lecturer and college. The results are dated October 17, 2020 and are subject to errors and omissions.
1st quiz 1semester c
This document contains an answer key for a 1st quiz on introduction to law for an LL.B first semester course. The quiz contains 10 multiple choice questions and 5 matching questions covering topics like normative ethics, descriptive ethics, absolutism, and philosophers like Immanuel Kant and their contributions. The answer key provides the correct option selected for each question.
Assignemnt
The document outlines the requirements for an assignment on ethics and its branches for an Introduction to Law course. Students must define key ethics terms and distinguish between teleological and deontological ethics on the main body page, which cannot exceed 5 pages. The assignment must follow a prescribed format with multiple pages and be submitted in printed form by October 20th, 2020 to be considered.
4th lecture
Hedonism is the belief that pleasure is the most important thing in life and that people act to gain pleasure and avoid pain. Religion can be defined in different ways but generally involves a belief in a higher power and a system of worship. People follow religions for reasons like achieving supernatural rewards and avoiding punishments. Morality involves distinguishing between right and wrong behavior, and is related to but distinct from religion which involves external or metaphysical influences. Laws represent societal views on morality but morality comes from personal views of right and wrong.
2nd lecture
Morality refers to principles of right and wrong governing an individual's behavior. Ethics is a branch of philosophy dealing with moral principles and values relating to human conduct. The document discusses the concepts of morality and ethics, noting they are often used interchangeably but sometimes distinguished. Morality may refer more to personal principles while ethics refers to the standards of a community or profession. However, ethicists today generally use the terms interchangeably without distinguishing between them. The key aspects are that both morality and ethics concern principles of right and wrong behavior.
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Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
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17th lecture
- 1. John Adams the president of USA appointed murbury as a justice of peace for the district of Columbia The president of USA , Thomas Jefferson’s and his secretary of state James Madison, refused to give the commission to Murbury The Judiciary Act (Section 13) 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." Definition: It is a type of court proceeding in which a judge Review the lawfulness of a decision, action taken by a government or law given by legislature. It is the power of a superior court to check the law or Executive order on the touchstone of the constitution Object: To create fear in the heart of a government Functionaries so they will exercise their duties as per law while remaining in the Designated jurisdiction Historical Background Judicial review was first time observed by US supreme court in 1803 by The chief justice Johan Marshall In case of Murbury vs Madison The Supreme Court declared the judiciary Act of 1789 Null and void Principle: That constitution is the supreme law so must be Paramount to any statute. The Judiciary Act (Section 13) 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, underthe authority of the United States." Subject: Administrative law Standard: LL.B second year Topic: Judicial Review MUNIR HUSSAIN KTK Lecturer UNIVERSITY LAW COLLEGE QUETTA www.facebook.com/pages/Corridor-to-Commercial-Law Objectives To Learn 1. Concept of Judicial Review Unreasonableness Illegality Mala fide Irrationality Procedural deficiency deficiency Exceeding jurisdiction Art iii . Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;- -to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. Grounds