Confirm favorite deletion?
Constitutional Law Keyed to Barnett
Marbury v. Madison
Citation:5 U.S. (1 Cranch) 137 (1803)
President John Adams was the second president of the United States. During his presidency, Congress passed the Judiciary Act of 1801. The Judiciary Act created a number of new judicial positions, and allowed the outgoing President John Adams to nominate judges to fill those positions. One of the judges that Adams appointed, named William Marbury, never received the commission that would authorize him as a judge. Thomas Jefferson was elected president in 1800. After President Jefferson was sworn in, Jefferson ordered his new Secretary of State, James Madison, not to deliver any commissions that had been left behind by the Adams administration. Under Section 13 of the Judiciary Act 1789, Marbury brought action in the Supreme Court against Madison (Jefferson’s Secretary of State), seeking a writ of mandamus to compel Madison to deliver the commission and finalize his appointment as a judge.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.