PSCI 3322 Lecture Notes - Lecture 3: Mandamus, Stephen Johnson Field
Document Summary
Judiciary act of 1789 - one small section involved. Provision that allows someone to seek a writ of mandamus under original jurisdiction of supreme court. Allowed someone to go direct to supreme court at rst trial, no lower court. Writ of mandamus: order to government of cial to do something. In addition to the supreme court, there will be lower courts. Old way: trial court judge in each state called district judge. They would only hear minor cases, real cases would be decided by circuit. District court judge & 2 sc justices: circuit riding: sc justices going to lower courts. If you didn"t like outcome, appeal to sc. Wasn"t really fair as two judges would be at both cases. Size of court - 6 justices at time, 4 participated. 1937 - roosevelt tried to increase size to 15, failed. Trying to keep california in union, decided to appoint one from there.