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All Justices of The Peace Were Designated Through Commissions
All Justices of The Peace Were Designated Through Commissions
The State Secretary, James Madison, created a legal harm by not delivering the commissions.
W. Marbury did not receive the commission so as to become a Justice of Peace.
W. Marbury did suffer a legal harm.
The State Secretary, James Madison, had the responsibility of delivering the commissions.
A remedy at law for W. Marburys legal injuries is by the means of suing the person
in charge of the commissions.
W. Marbury has the right to sue The State Secretary, James Madison, because he did not
deliver his commission.
Judicial Act of 1789 granted Supreme Court of Justice to issue writs of mandamus. (A court order
requiring an office to take o refrains from taking action within his or her scope of authority)
Section 13 of the Judicial Act of 1789 did not have a specified area of jurisdiction. (being declared
unconstitutional because it amended the Constitution).
Supreme Court of Justice could issue writs of mandamus in all areas with or without jurisdiction.