The 3 examples of Supreme Court cases I will be discussing are are Marbury vs. Madison was the most important court case in the history of United States in which established the idea of Judicial Review. In other words, the power of the Judicial Branch allowed a law being declared unconstitutional. The courts decision as well affirmed that the constitution must always take first in order in any controversy regarding federal or state laws.
In this case, for the first time declared a law passed by congress unconstitutional. This significant decision altered power of the Supreme Court and changed the history of the United States. With having so much power, the U. Court system became an accomplice with the executive and congressional branches in conducting the nation. The court collectively decided not to depend on Jefferson Madison to hand over the commission to Marbury. Chief Justice Marshall accepted the risk that this case posed to the efficacy of the Supreme Court.
Since Madison was the president, Jefferson was head of the Democratic Party and Secretary of State, at the same time Chief Justice Marshall and Marbury were Federalists, Jefferson was relatively positive to direct Madison to refuse to convey the commission to Marbury. If Madison refused and the court demanded Madison to send commission, the court had no ability to force him to give in, therefore the court would seem un powerful.
If the court did not act, it would seem like the justices made their decision out of the concern that Madison would not accept their decision. The court controlled that Marbury was called to his commission. The acronymrepresents Issue, Rules, Analysis, and Conclusion. Not all facts mentioned by the court are material to the issue you are studying. Itis possible for a court to reference an immaterial fact, or more likely, it had to addressmore legal issues than you have read about, and accordingly, it has included facts thatcould be material to a separate legal issue.
Remember, you are reading cases that havebeen edited and pared down to the topic you are studying. Issue spotting is a very important legal skill. The issue is the legal question the court is answering.
The facts of the case give rise toand frame the legal issue s of the case. What RULE s applies to the issue you have identified? The rules are the laws,from whatever source, that guide the analysis. The rules come in many forms. The lawthat directly applies to the issues and facts is known as doctrinal law. But other processrules may apply as well, such as the rules of statutory or constitutional interpretation,stare decisis, etc. Often, some knowledge of the law, or at least a good intuition, isneeded to identify an issue.
This is one of the challenges of being a legal neophyte. Spockin Star Trek, engage in objective, logical legal analysis and leave your personal opinionsout of the mix. Often during analysis, new legal issues will emerge. Be prepared to addthem to your analysis. See the example below to understand how this happens. Below is a list of some of the most controversial decisions in the last few decades by the Supreme Court. First, list the current nine members of the United States Supreme Court.
Second, choose one of the five cases below:. Third, read about the case you have chosen and summarize it as if you were explaining the case to someone who is not familiar with it.
Be sure to include each of the following case elements in your summary: The key points in the case and the law being challenged The part or amendment to the Constitution discussed in the case The states or local governments, if any, that were mentioned in the case. Lastly, explain the final ruling in the case by the Supreme Court, and, most importantly, how the ruling in the case impacts the lives of Americans.
You may need to look for additional sources if you are unsure. The source of any ideas or facts you include should also be identified whether you use the direct words or not. Additionally, you should include the links to any news articles or websites you visit by copying and pasting the link at the end of your assignment.
As with all weekly written assignments, submit your work as an attached file. Double-space your paper, and use 12 point Times New Roman as your font.
- The Dredd Scott Case The Dredd Scott case involved a landmark decision in the history of the Supreme Court, in the history of the United States the decision in this case was one of the most damaging statements in the history of the Supreme Court, involving the citizenship of a black person in the United States, and the constitutionality of the .
- This paper discusses the contrast of two landmark United States (U.S.) Supreme Court cases that helped to clearly define how the Fourth and Fifth Amendments of the U.S. Constitution is interpreted, and analyzes the difference between the “Constitution” and “Constitutional Law.” Two cases that are referenced in this analysis are (1) Katz v.
The Supreme Court – Essay Sample The Supreme Court of the United States is considered to be the last word on legal decisions, being highly selective about which cases it chooses to consider. It only accepts cases that have been through the lower courts and appeals processes until there are no other options and no satisfactory . Supreme Court Cases, Thematic Essay Words | 4 Pages. Thematic Essay-Supreme Court Cases The outcome of cases that have gone through the United States Supreme Court judicial branch have each had a major impact on how the laws and amendments of the United States Constitution are interpreted.
Nov 17, · Judicial review permits the Supreme Court to rule on a problem concerning rather a different branch of government's legislation is constitutional or not. This is a fundamental definition, yet somewhat generic if you will.5/5(72). Custom Supreme Court Cases Essay Writing Service || Supreme Court Cases Essay samples, help Supreme Court criminal cases may be either direct evidence or circumstantial evidence. Direct evidence is the form of a testimony, which proves a fact without any inference or presumption, establishes facts and is true.