Marbury V. Madison

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Westlaw Delivery Summary Report for 4,IP Date/Time of Request: Client Identifier: Database: Citation Text: Lines: Documents: Images: Saturday, December 29, 2012 23:27 Central IP USER SCTFIND 1 Cranch 137 1641 1 0

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FOR EDUCATIONAL USE ONLY 1 Cranch 137, 5 U.S. 137, 1803 WL 893 (U.S.Dist.Col.), 2 L.Ed. 60 (Cite as: 1 Cranch 137, 5 U.S. 137 (U.S.Dist.Col.), 1803 WL 893 (U.S.Dist.Col.))

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Supreme Court of the United States William MARBURY v. James MADISON, Secretary of State of the United States. Feb. 1803. West Headnotes Action 13 2

250k3 Existence and Adequacy of Other Remedy in General 250k3(2) Remedy at Law 250k3(4) k. Acts and Proceedings of Public Officers and Boards and Municipalities in General. Most Cited Cases Mandamus 250 63

13 Action 13I Grounds and Conditions Precedent 13k2 k. Acts or Omissions Constituting Causes of Action in General. Most Cited Cases Where there is a legal right, there is also a legal remedy by suit, or action at law, whenever that right is invaded. Federal Courts 170B 445

250 Mandamus 250II Subjects and Purposes of Relief 250II(B) Acts and Proceedings of Public Officers and Boards and Municipalities 250k63 k. Officers Subject to Mandamus in General. Most Cited Cases To render mandamus a proper remedy, the officer to whom it is directed, must be one to whom, on legal principles, such writ may be directed, and the person applying for it must be without any other specific and legal remedy. Mandamus 250 63

170B Federal Courts 170BVII Supreme Court 170BVII(A) In General 170Bk445 k. Appellate Jurisdiction and Procedure in General. Most Cited Cases (Formerly 30k17) It is the essential criterion of “appellate jurisdiction” that it revises and corrects the proceedings in a cause already instituted and does not create that cause. Evidence 157 34

250 Mandamus 250II Subjects and Purposes of Relief 250II(B) Acts and Proceedings of Public Officers and Boards and Municipalities 250k63 k. Officers Subject to Mandamus in General. Most Cited Cases The propriety or impropriety of issuing a writ of mandamus is to be determined by the nature of the thing to be done and not by the office of the person to whom the writ is directed. Mandamus 250 64

157 Evidence 157I Judicial Notice 157k34 k. Laws of United States. Most Cited Cases The federal constitution being intended as a rule for the courts as well as the legislature, the courts will take judicial notice of its provisions. Mandamus 250 3(4)

250 Mandamus 250I Nature and Grounds in General

250 Mandamus 250II Subjects and Purposes of Relief 250II(B) Acts and Proceedings of Public Officers and Boards and Municipalities 250k64 k. State or National Boards and Officers. Most Cited Cases Where heads of departments are political and confidential agents of executives, their acts in cases in which the executive possesses a constitutional or legal discretion are only politically examinable, but where a specific duty is assigned by law, and individual rights depend upon the

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FOR EDUCATIONAL USE ONLY 1 Cranch 137, 5 U.S. 137, 1803 WL 893 (U.S.Dist.Col.), 2 L.Ed. 60 (Cite as: 1 Cranch 137, 5 U.S. 137 (U.S.Dist.Col.), 1803 WL 893 (U.S.Dist.Col.))

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performance of that duty, the individual who considers himself injured can resort to the laws of his country for a remedy. Mandamus 250 64

250 Mandamus 250II Subjects and Purposes of Relief 250II(B) Acts and Proceedings of Public Officers and Boards and Municipalities 250k64 k. State or National Boards and Officers. Most Cited Cases A writ of mandamus is directed to an officer of the government, and its mandate to him to do a particular thing therein specified, which appertains to his office and duty, and which the court has previously interpreted, or at least supposes, to be...
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