POLS 1101 Lecture Notes - Lecture 7: Precedent, Senatorial Courtesy, Mootness
10 Nov 2016
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Specified jurisdiction: gives the supreme court original jurisdiction in some cases. Marbury is appointed a justice of the peace by adams. Secretary of state john marshall did not deliver the commission in time and jefferson refuses to honor the appointment. Judiciary act gave the court power to issue writ of mandamus which exceeded to courts power. Judicial review- supreme court has the power to strike down a law or an executive branch action that it finds unconstitutional. Court has struck down 180 national laws (0. 25%) Court has struck down 1400 state laws. Plea bargaining often occurs before court verdicts are reached. Standard of proof in criminal courts is beyond a reasonable doubt . In a civil court it is a preponderance of evidence . Burden of proof is on the plaintiff. Adversarial system gives both sides access to all their evidence.
