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Encyclopedia > Judiciary Act

Contents


Judiciary Act of 1789

The first page of the Judiciary Act of 1789
The first page of the Judiciary Act of 1789

The Judiciary Act of 1789 (1 Stat 73) established the entire federal judiciary, which initially consisted of a Supreme Court of six judges, 3 circuit courts, and 13 district courts. It also created the offices of marshal, deputy marshal, and district attorney. In addition, it established the Supreme Court as the mediator of all disputes between states and the federal government concerning conflicting state and federal laws. Image File history File links This is a picture of the federal judiciary act of 1789. ... Image File history File links This is a picture of the federal judiciary act of 1789. ... Seal of the Supreme Court The Supreme Court of the United States is the highest federal court in the United States of America. ... The United States Courts of Appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system. ... The United States district courts are the general trial courts of the United States federal court system. ... The United States Marshals Service, part of the United States Department of Justice, is the United States oldest federal law enforcement agency. ... United States Attorneys represent the U.S. federal government in United States district court. ...


A clause granting the Supreme Court the right to issue writs of mandamus was declared unconstitutional by Marbury v. Madison, 5 U.S. 137 (1803), one of the seminal cases in American law. Thus the Judiciary Act of 1789 was the first act by Congress to be partially invalidated by the Supreme Court. A writ of mandamus or simply mandamus, which means we order in Latin, is the name of one of the prerogative writs and is a court order directing someone, most frequently a government official, to perform a specified act. ... Constitutionality is the status of a law, procedure, or act being in accordance with the laws or guidelines contained in a constitution. ... Holding Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1803 was a common year starting on Saturday (see link for calendar). ...


The Judiciary Act of 1789 included the Alien Tort Statute, 28 U.S.C. Sec. 1350, which provides jurisdiction by United States District Courts for tort claims by aliens for torts in violation of law of nations or treaties of the United States. In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ... The United States district courts are the general trial courts of the United States federal court system. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Aliens are foreigners to their surroundings. ... This is a list of treaties to which the United States has been a party or which have had direct relevance to U.S. history. ...


Judiciary Act of 1801

The Judiciary Act of 1801 (2 Stat. 132) was passed on February 13, 1801 by a lame duck Federalist Congress and President John Adams in order to prolong Federalist control of the judiciary in the face of an incoming Republican Congress and Jefferson administration. It reduced the number of seats on the Supreme Court from six to five, effective upon the next vacancy in the Court. It reorganized the circuit courts, doubling them in number from three to six, and created a separate circuit judgeship for each circuit. It reorganized the district courts, creating ten additional courts; in addition to subdividing many of the existing district courts, it created the U.S. District Court for the District of Ohio which covered the Northwest and Indiana Territories, and even carved out the U.S. District Court for the District of Potomac from the District of Columbia and pieces of Maryland and Virginia, which was the first time a district court crossed state lines. (Such crossings of state lines are extremely rare in U.S. history. The only district court currently crossing state lines is the U.S. District Court for the District of Wyoming, which is given jurisdiction over the whole of Yellowstone National Park, a small portion of which lies in Montana and Idaho.) February 13 is the 44th day of the year in the Gregorian calendar. ... 1801 was a common year starting on Thursday (see link for calendar). ... A lame duck is an elected official currently in office whose replacement has been chosen, but not yet formally sworn in. ... The term federalist can refer to different ideologies, depending on the locale. ... John Adams (October 30, 1735 – July 4, 1826) was the first (1789–1797) Vice President of the United States, and the second (1797–1801) President of the United States. ... The Democratic-Republican party was a United States political party, which evolved early in the history of the United States. ... Thomas Jefferson (April 13, 1743 – July 4, 1826) was the third (1801–1809) President of the United States, second(1797)–1801) Vice President of the United States, and an American statesman, ambassador to France, political philosopher, revolutionary, agriculturalist, horticulturist, land owner, architect, archaeologist, slaveowner, author, inventor, and founder of the... Circuit courts previously were United States federal courts established in each federal judicial district. ... The United States district courts are the general trial courts of the United States federal court system. ... The Northwest Territory, also known as the Old Northwest and the Territory North West of the Ohio, was a government and region within the early United States. ... Indiana Territory was an organized territory of the United States from 1800 to 1816, created by Act of Congress and signed into law by President John Adams on May 7, 1800, effective on July 4. ... The United States District Court for the District of Wyoming is the Federal district court whose jurisdiction is comprised of the state of Wyoming. ... Yellowstone National Park is a U.S. National Park located in the states of Idaho, Montana, and Wyoming. ... State nickname: Treasure State Other U.S. States Capital Helena Largest city Billings Governor Brian Schweitzer (D) Official languages English Area 381,156 km² (4th)  - Land 377,295 km²  - Water 3,862 km² (1%) Population (2000)  - Population 902,195 (44th)  - Density 2. ... State nickname: Gem State Other U.S. States Capital Boise Largest city Boise Governor Dirk Kempthorne (R) Official languages none Area 216,632 km² (14th)  - Land 214,499 km²  - Water 2,133 km² (0. ...


In the nineteen days between passage of this Act and the conclusion of his administration, President Adams quickly filled as many of the newly created judgeships as possible. The new judges were known as the Midnight Judges because Adams was said to be signing their appointments at midnight prior to Jefferson's inauguration.


This Act was ineffective in prolonging Federalist control: the Republican Congress repealed it on March 8, 1802, and the Federalist judges in the newly created courts found themselves out of work, their positions abolished. No vacancy occurred in the Supreme Court during the brief period in which this act was effective. The separate circuit judgeships introduced by this Act would not appear again until 1869. March 8 is the 67th day of the year in the Gregorian Calendar (68th in Leap years). ... 1802 was a common year starting on Friday (see link for calendar). ... 1869 is a common year starting on Friday (link will take you to calendar). ...


Judiciary Act of 1802

The Judiciary Act of 1802 (2 Stat. 156) was passed on April 29, 1802. It restored some elements of the Judiciary Act of 1801. The circuit courts were again reorganized, again doubling their count from three to six, although Kentucky, Tennessee, and Maine were excluded from the circuits this time. It again subdivided the former U.S. District Court for the District of North Carolina into the districts of Albemarle, Cape Fear, and Pamptico. It again subdivided the former U.S. District Court for the District of Tennessee into the Eastern and Western Districts of Tennessee. April 29 is the 119th day of the year in the Gregorian calendar (120th in leap years). ... 1802 was a common year starting on Friday (see link for calendar). ... Circuit courts previously were United States federal courts established in each federal judicial district. ... State nickname: Bluegrass State Other U.S. States Capital Frankfort Largest city Louisville Governor Ernie Fletcher (R) Official languages English Area 104,749 km² (37th)  - Land 102,989 km²  - Water 1,760 km² (1. ... State nickname: Volunteer State Other U.S. States Capital Nashville Largest city Memphis Governor Phil Bredesen (D) Official languages English Area 109,247 km² (36th)  - Land 106,846 km²  - Water 2,400 km² (2. ... State nickname: The Pine Tree State Other U.S. States Capital Augusta Largest city Portland Governor John Baldacci (D) Official languages None Area 86,542 km² (39th)  - Land 80,005 km²  - Water 11,724 km² (13. ... The United States District Court for the Western District of Tennessee is the Federal district court whose jurisdiction is comprised of the following counties: Benton, Carroll, Chester, Crockett, Decatur, Dyer, Fayette, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, Lauderdale, Madison, McNairy, Obion, Perry, Shelby, Tipton, and Weakley. ...


It also created the U.S. District Court for the District of Columbia. The United States District Court for the District of Columbia is the United States District Court that hears cases originating in the District of Columbia under Federal law. ...


Judiciary Act of 1866

The Judiciary Act of 1866 has been used to refer to two different laws. The first, (14 Stat. 209), is more commonly called the Judicial Circuits Act. The second, (14 Stat. 306), provided for the removal of certain cases from state courts to the federal courts. The Judicial Circuits Act of 1866 reorganized the United States federal judicial circuit courts and provided for the gradual elimination of several seats on the Supreme Court of the United States. ...


Judiciary Act of 1869

The Judiciary Act of 1869 (16 Stat. 44), also called the Circuit Judges Act of 1869, made two important reforms of the federal judiciary. First, judgeships were created for the circuit courts; in this case, one circuit judgeship was created for each of the nine circuits. Up until this time, circuit courts were normally only staffed by district judges and Supreme Court justices "riding circuit". This was actually the third time that Congress had created circuit judgeships, but the first time was the rapidly repealed Judiciary Act of 1801, and the second was a single circuit judgeship in the frontier state of California which only lasted from 1855 to 1863. State nickname: The Golden State Other U.S. States Capital Sacramento Largest city Los Angeles Governor Arnold Schwarzenegger (R) Official languages English Area 410,000 km² (3rd)  - Land 404,298 km²  - Water 20,047 km² (4. ... 1855 was a common year starting on Monday (see link for calendar). ... 1863 is a common year starting on Thursday. ...


Second, for the first time, federal judges (and justices) were given the option to retire with a pension. The pension was set at the salary of the judge at the time of retirement, and a judge had to be at least seventy years old and have ten years of service on the federal bench before being allowed to retire.


This Act also set the Supreme Court at its current size of nine justices. (It had been set to seven to prevent Andrew Johnson from naming any Supreme Court justices.) Order: 17th President Vice President: none Term of office: April 15, 1865 – March 4, 1869 Preceded by: Abraham Lincoln Succeeded by: Ulysses S. Grant Date of birth: December 29, 1808 Place of birth: Raleigh, North Carolina Date of death: July 31, 1875 Place of death: near Elizabethton, Tennessee First Lady...


Judiciary Act of 1891

The Judiciary Act of 1891, also known as the Evarts Act after Senator William M. Evarts, created the United States Courts of Appeals, and reassigned the jurisdiction of most routine appeals from the district and circuit courts from the Supreme Court to these appellate courts. Because of this, it is sometimes called the 1891 Circuit Courts of Appeals Act. Photograph of U.S. Secretary of State William M. Evarts William Maxwell Evarts (February 6, 1818–February 28, 1901) was an American lawyer and statesman. ... The United States Courts of Appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system. ...


References

  • "Barnett v. Mayes". Wyoming State Law Library. URL accessed on June 2, 2005.
    • gives an example of a legal document referring to 14 Stat. 306 as the Judiciary Act of 1866
  • "The Civil War Era as a Crucible for Nationalizing the Lower Federal Courts". Prologue: Quarterly of the National Archives and Records Administration. URL accessed on June 2, 2005.
    • footnote 23 refers to 14 Stat. 209 as the Judiciary Act of 1866

2 June is the 153rd day of the year in the Gregorian calendar (154th in leap years), with 212 days remaining. ... 2005 is a common year starting on Saturday of the Gregorian calendar and is the current year. ... 2 June is the 153rd day of the year in the Gregorian calendar (154th in leap years), with 212 days remaining. ... 2005 is a common year starting on Saturday of the Gregorian calendar and is the current year. ...

External links


  Results from FactBites:
 
Judiciary Acts of 1801 and 1802 (703 words)
The Judiciary Act of 1801, commonly referred to as the "Midnight Judges' Act," was passed at a time following the Republicans'; election victories in 1800 but before the Jeffersonians actually took office.
The Federalists argued that their act was nonpartisan, as there was an objective need for expanded federal jurisdiction and for specially constituted circuit courts, with their own judges.
The practice under the Judiciary Act of 1789 had been for two justices from the U.S. Supreme Court to sit on the circuit courts with a local district court judge.
Judiciary Acts (US) - definition of Judiciary Acts (US) in Encyclopedia (545 words)
The Judiciary Act of 1789 (1 Stat 73) established the entire federal judiciary, which initially consisted of a Supreme Court of six judges, 3 circuit courts, and 13 district courts.
Thus the Judiciary Act of 1789 was the first act by Congress to be partially invalidated by the Supreme Court.
The Judiciary Act of 1891, also known as the Evarts Act after Senator William M. Evarts, created the U.S. Courts of Appeals, and reassigned the jurisdiction of most routine appeals from the district and circuit courts from the Supreme Court to these appellate courts.
  More results at FactBites »


 

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