Essays on Mandamus

12 Questions 1 - Environmental law is the set of laws and treaties which governs the limits to which the human actions affects the environment around us. We need environmental law because without it the worsening situation of our earth cannot be controlled and the state of our environment will worsen even more than the current state. Environmental lawyers are needed to uphold the environmental laws so that the prosecutors can be brought in front of the law and served the rightful justice. 2 - The environmental law was first formed in the year 1970. The section which is ...

Abstract

In any state, the court system and structure plays a significant role in ensuring the judicial system is effective. States that have a strong court system have proved to be successful in solving major challenges as pertains to the interpretation of the constitution. Puerto Rico needs to have in place a strong court system to ensure that the enforcement of various dynamics is effective. In coming up with the court system and structure, this paper heavily borrows from three states: Tennessee, Florida and South Carolina. These states are well-known for their strong legal systems. Because of this, it would ...

Judgment in the case of Marbury v. Madison, often referred to as the most important in the history of the United States Supreme Court, has put into practice the principle of judicial review and the authority of the Supreme Court to recognize the constitutionality of both legislative and executive acts. This case arose as a result of the political dispute that broke out after the presidential elections in 1800, when Democratic Republican Thomas Jefferson defeated the president of that time Federalist John Adams. In the final days of his being in office of the administration of Adams, Congress, in ...

Question One

The labor laws outlaw employee discrimination of any nature. It is illegal to practice any form of workplace discrimination. The action by the employer would be deemed unlawful. It can be explained by the theory of affirmative action. The Act outlawed any form of discrimination against any employees and job applicants because of sex. The employers should therefore not make any employment decisions on stereotypical and assumptive attitude. Presuming the ability, personalities, or the productivity of potential employees, on account of their sex is illegal. The employer can be sued for violating the law. The principle of equality ...

Introduction

The courts judicial review and constitutional interpretation has been a central rational objection for democracy. The regular judicial invalidation of policies passed by elected officials as a minimum brought up problems of democratic legitimacy. The rational objection, which has been brought up against a background over many years of the United States populist political argument, prompted the active use of the judicial power in constitutional interpretation give way to the decision of legislative and majorities. The courts power in striking down laws considered unconstitutional has been politically controversial throughout American history (Prakash, 2003). The judicial review power has become politically salient and ...

Question one: Procedural stages of a civil case

In the United States of America, the Constitution does not donate civil suits to the Federal Government. Under the doctrine of residual powers, it is the states that have the authority and mandate over civil cases. It is on that premise that civil procedure in the United States may be different from state to state. However, there has been a general approach applied by all the fifty states. In this section, the paper shall discuss the procedural stages in a civil suit. A civil suit begins formally with the institution of the suit. Often, the suit can only be instituted ...

Public entities must always act in a lawful, transparent and accountable manner. They must act in such a manner for two cardinal reasons. The first is that these entities utilize public resources from taxpayers’ pockets and must, therefore, do everything in their power to make prudent use of these resources. Secondly and most significantly, their actions may end up affecting thousands or millions of people`s lives and livelihoods and, therefore such actions need to be carefully examined, lawful and transparent. These are some of the best practices that are elements of good governance that characterize a democratic society. In a democratic society, ...

Marbury versus Madison was a case in the year 1803. It was a landmark case, which was decided by the Supreme Court of the United States. The presiding judge was called John Marshall. This was the case that formed the Judicial Review of the U.S. It helped to separate the judicial and executive branches of the government of America. This case was a consequence of William Marbury petitioning the Supreme Court. Mr. Marbury had been appointed by then President John Adams to be the Justice of Peace in Columbia. President John Adams named a controversial forty-two justices of peace. This was under an ...

Dinler v. City of New York, 607 F. 3d. 923 (2d. Cir 2010) Dinler v. City of New York, 607 F. 3d. 923 (2d. Cir 2010)

Hacer Dinler, Michael Schiller, Dierdre Macnamara and others as the Plaintiffs and or Respondents and The City of New York, Raymond Kelly (Commissioner of Police) and others as the Defendants and or Petitioners.

Prior Proceedings

The case has been previously heard at the United States South District Court of New York in which granted the motion compelling the production of sensitive intelligence reports originating in the custody of the New York City Police Department. ...

Marbury v. Madison (1803) Marbury v. Madison is a case that is used as a reference in most jurisprudence due to how it was able to arbitrate on constitutional issues. In the period preceding this case the president, John Adams, had nominated John Marshall for the position of Chief Justice. This was following the resignation of Oliver Ellsworth due to health reasons. The president had initially tried to bring back John Jay who had been Chief Justice before but he declined the appointment by the president citing his old age. Marshall was a staunch federalist and had been serving as the ...

People's Moujahedin Organization of Iran v. United States Department of State, 613 F.3d 220, (D.C. Cir. 2010)

The petitioners are The People’s Moujahedin Organization of Iran, hereinafter PMOI. They are an organization based in Iran that were declared a Foreign Terrorism Organization, hereinafter FTO under the provisions of the Antiterrorism and Effective Death Penalty Act hereinafter AEDPA. The respondent to the petition is the United States Department of State who are charged by AEDPA with the duty of designating an organisation has an FTO and later on reviewing the designation in the application of the provisions as to revocation ...

Introduction

The two cases are celebrated for the framework they laid in terms of tackling issues dealing with the constitutionality of laws. The case laws provide fine and tenuous precedents that effectively and predictably provided the justices of the Supreme Court to give direction on the interpretation of the law. The first case, Marbury vs. Madison essentially shows the central role of judicial review in light of exercise of power by the executive as vested by the constitution and other written laws. On the other hand, McCulloch vs. Maryland lays the foundation that would be applied in interpretation of the ...

Response to Marbury v. Madison

In the case of Marbury v. Madison, modern readers can see that political leaders have used their power to propagate their influence throughout government through a variety of means. On his last day as President, Federalist John Adams named 16 new circuit court justices and 42 justices of the peace, all in the District of Columbia, so that incoming President Jefferson, who was a Democrat-Republican, would not be able to take immediate control of the judiciary branch of the government. However, while President Adams did sign and seal the commissions, he did not ensure that they were delivered before President Jefferson ...