US v. Nixon (1974) 1. The Constitutional Question(s) : a) Does the separation of powers established by the Constitution grant the President the absolute power to keep information from other branches of the government? b) Given that the power is not absolute‚ should President Nixon be capable of claiming executive privilege under the aforementioned circumstances? c) Does the separation of powers permit that the settlement of this dispute must stay contained in the executive branch or should
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The US Supreme Court History‚ Jurisdiction & Current Justices Introduction The Supreme Court’s annual term begins in October. Five justices constitute a quorum to hear a case‚ and decision is rendered by majority vote. In the event of a tie‚ the previous judgment is affirmed. Under the Judiciary Law‚ cases are brought to the court by appeal or by writ of certiorari. Nine judges sit on the Court: the chief justice of the United States and eight associate justices. The president of the United States
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pres had to give guy his job then there was a risk that president wouldn’t listen which means that would ruin supreme court legitimacy. If he ruled for madison then that would increase legitimacy of SCOTUS. SOLUTION Marshall sees that Marbury took to SCOTUS first and he questioned whether they had jurisdiction on the issue or not. When Congress modified powers of supreme court‚ the Congress did not have jurisdiction to modify powers of the branches. Only way to modify powers is to amend the Constitution
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considered one of the most important cases in U.S. Supreme Court history. This landmark case is of great importance in the American political system because John Marshall‚ chief justice of the Supreme Court from 1801 to 1835‚ was able to bring respect and prestige to the Court. The Marshall Court announced that a court has the power to declare an act of Congress void if it contradicts the Constitution. For the first time in history‚ the Supreme Court asserted its role in reviewing federal legislation‚ a
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Being a trial court is the first level of courts. Hence‚ being a “finder of factors”. The second is the appellate courts‚ which hears cases after a trial court. Thirdly‚ an appeal court is basically there to make sure a defendant is receiving a fair trial and that laws have been followed in the conviction of his/her crime. Lastly‚ is the supreme court and the highest level of courts. The job of the supreme court is it has jurisdiction over federal cases and it disputes between states. Hence‚ being
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Court Report 1. Where is the court situated? Did you find it difficult to reach? The local court that I attended was at Hornsby. It was easy to reach since it was on the main road (Pacific Highway) and was located next to the Council Chambers. I attended the Court on Friday the 2nd of August from 10am to 2pm. 2. How was the work distributed at the Court? Compare the number of matters for hearing and mention‚ eg locate the List Sheets of matters for mention and for hearing and note what types of
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Marbury v. Madison (1803‚ Marshall). The court established its role as the arbiter of the constitutionality of federal laws‚ the principle is known as judicial review Fletcher v. Peck (1810‚ Marshall). The decision stems from the Yazoo land cases‚ 1803‚ and upholds the sanctity of contracts. McCulloch v. Maryland (1819‚ Marshall). The Court ruled that states cannot tax the federal government‚ i.e. the Bank of the United States; the phrase "the power to tax is the power to destroy"; confirmed the
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NOVARTIS CASE STUDY BRIEF HISTORY OF THE CASE: Novartis is a Swiss drug maker which produces and sells an anti cancer drug called ‘Glivec’. It had filed an appeal before the Honorable Supreme court of India for the grant of patent of the same. The appellant had first filed an application for patent in Chennai Patent office on July 17‚ 1998. The appeal was filed for grant of patent for Imatinib Mesylate in beta crystalline form which they claimed to be an invention on the following grounds:
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Court hierarchy The Local Court is the lowest court in the hierarchy and deals with minor criminal and summary offences. It will also hear minor civil disputes with monetary value up to $60 000. The Local Court holds committal hearings‚ which are preliminary hearings where the magistrate determines if there is sufficient evidence against the defendant to warrant a trial in a higher court. The High Court of Australia is the highest court in Australia and was established in 1901. It deals with appeals
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This essay will discuss the differences in the ‘real’ courtroom‚ versus the ‘fictional’ courtroom‚ which is the depiction most of us are exposed to. In order to accurately compare the differences between the two different courtrooms‚ a brief summary of each must be presented. Once each of these is portrayed‚ an attempt to compare and contrast the two styles and the differences that exist between them can be discussed. Lawyers: better in the abstract than in person? Maybe. Studies indicate that
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