Legal Brief

S

ample Legal Brief

–

EDL 5700

David C. Fuller

E

DL 5700

–

E

thics

and School L

aw

Legal Brief

#1

Citation:

Marbury v. Madison

, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803).

Topic:

Powers of a current president to withhold promised commissioned seats

under a previous

president.

The legal limitations of the Supreme Court.

Issues

:

(1)

Does Marbury have a right to the commission?

(2)

Does the law grant Marbury a

remedy?

(3)

Does the Supreme Court have the authority to review acts of Congress and

determine whether they are unconst

itutional and therefore void?

(4)

Can Congress expand the

scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the

Constitution?

(5)

Does the Supreme Court have original jurisdiction to issue writs of mandamus?

Fact

s:

President John Adams commissioned forty

-

two justices of the peace and sixteen circuit

court justices for the District of Columbia before the end of his term. He signed the documents,

they were sealed by the secretary of state,

but they were not delivered before his term expired.

When Thomas Jefferson took office he refused to honor these commissions. William Madison

was to be one of those justices of the peace and was not given his position.

Finding of the Trial Court:

The cas

e was brought straight to the Supreme Court.

Finding of the Appellate Court:

The court

found in favor of the plaintiff, Madison, and he was

owed remedy. They also found it unconstitutional for the Supreme Court to

issue writs of

mandamus.

Reasoning:

1.

Yes. Marbury has a right to the commission. They f

ound that when the President

signed the correct forms during his term, the commissions were legal and effective. 2.

Yes. The

law grants Marbury a remedy.

C

ivil liberty consists in the right of every individual to claim the

protection of the laws whenever he receives an injury.

A duty of the

government is to afford that

protection.

The seal verified the validity of the signature. The failure to deliver

this

paper

was a

violation to his constitutional rights, and he has the right to remedy. 3.

Yes. The Supreme Court

has the authority to review acts of Congress and determine whether they are unconstitutional and

therefore void.

4.

No. Congress cannot expan

d the scope of the Supreme Court’s original

jurisdiction beyond what is specified

in

Article III of the Constitution

.

5.

No. The Supr

eme

Court does not have original jurisdiction to issue writs of mandamus.

This was a matter in its

original jurisdiction.

Sample Legal Brief – EDL 5700

David C. Fuller

EDL 5700 – Ethics and School Law

Legal Brief #1

Citation: Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803).

Topic: Powers of a current president to withhold promised commissioned seats under a previous

president. The legal limitations of the Supreme Court.

Issues: (1) Does Marbury have a right to the commission? (2) Does the law grant Marbury a

remedy? (3) Does the Supreme Court have the authority to review acts of Congress and

determine whether they are unconstitutional and therefore void? (4) Can Congress expand the

scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the

Constitution? (5) Does the Supreme Court have original jurisdiction to issue writs of mandamus?

Facts: President John Adams commissioned forty-two justices of the peace and sixteen circuit

court justices for the District of Columbia before the end of his term. He signed the documents,

they were sealed by the secretary of state, but they were not delivered before his term expired.

When Thomas Jefferson took office he refused to honor these commissions. William Madison

was to be one of those justices of the peace and was not given his position.

Finding of the Trial Court: The case was brought straight to the Supreme Court.

Finding of the Appellate Court: The court found in favor of the plaintiff, Madison, and he was

owed remedy. They also found it unconstitutional for the Supreme Court to issue writs of

mandamus.

Reasoning: 1. Yes. Marbury has a right to the commission. They found that when the President

signed the correct forms during his term, the commissions were legal and effective. 2. Yes. The

law grants Marbury a remedy. Civil liberty consists in the right of every individual to claim the

protection of the laws whenever he receives an injury. A duty of the government is to afford that

protection. The seal verified the validity of the signature. The failure to deliver this paper was a

violation to his constitutional rights, and he has the right to remedy. 3. Yes. The Supreme Court

has the authority to review acts of Congress and determine whether they are unconstitutional and

therefore void. 4. No. Congress cannot expand the scope of the Supreme Court’s original

jurisdiction beyond what is specified in Article III of the Constitution. 5. No. The Supreme

Court does not have original jurisdiction to issue writs of mandamus. This was a matter in its

original jurisdiction.