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Judiciary Act (other)
The term Judiciary Act may refer to any of several statutes relating to the organization of national court systems: * Australia ** Judiciary Act 1903 * United States ** Judiciary Act of 1789, , established the federal judiciary. ** Judiciary Act of 1801, , also called the Midnight Judges Act. ** Judiciary Act of 1802, , repealed the 1801 Act. ** Judiciary Act of 1866, which may refer to two different laws. *** Judicial Circuits Act: (July 23, 1866), gradually reduced circuit and Supreme Court seats. *** Act of July 27, 1866: , removed certain cases from state courts to the federal courts. ** Judiciary Act of 1867, , also called the Habeas Corpus Act of 1867, amended sec. 25 of the Act of 1789 regarding Supreme Court review of state court rulings ** Judiciary Act of 1869, , also called the Circuit Judges Act of 1869 ** Judiciary Act of 1891, , also called the Evarts Act or the Circuit Courts of Appeals Act. ** Judiciary Act of 1925 The Judiciary Act of 1925 (43 Stat. 936), also ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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Judiciary Act 1903
The ''Judiciary Act 1903'' (Cth) is an Act of the Parliament of Australia that regulates the structure of the Australian judicial system and confers jurisdiction on Australian federal courts. It is one of the oldest pieces of Australian federal legislation and has been amended over 70 times. Amongst other things, the Act regulates the exercise of the jurisdiction of the High Court of Australia, confers jurisdiction on the Federal Court of Australia, provides for the right of barristers and solicitors to practice in federal courts, and establishes the Australian Government Solicitor. The Act Section 78B of the Act requires Australian courts to ensure that the parties have given notice to the attorneys-general of Australia and of each state before proceeding with any case involving a "matter arising under the Constitution." Each of these governments may then intervene in the case under section 78A of the Act. See also * Australia Act 1986 The Australia Act 1986 is t ...
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Judiciary Act Of 1789
The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide. The existence of a separate federal judiciary had been controversial during the debates over the ratification of the Constitution. Anti-Federalists had denounced the judicial power as a potential instrument of national tyranny. Indeed, of the ten amendments that eventually became the Bill of Rights, five (the fourth through the eighth) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urged th ...
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Midnight Judges Act
The Midnight Judges Act (also known as the Judiciary Act of 1801; , and officially An act to provide for the more convenient organization of the Courts of the United States) represented an effort to solve an issue in the U.S. Supreme Court during the early 19th century. There was concern, beginning in 1789, about the system that required the Justices of the Supreme Court to "ride circuit" and reiterate decisions made in the appellate level courts.Turner, Katheryn. "Republican Policy and the Judiciary Act of." William and Mary Quarterly, 3rd ser., 22. January 1965. New York: Columbia University Press, 1992. Page 5. The Supreme Court Justices had often expressed concern and suggested that the judges of the Supreme and circuit courts be divided. The Act was repealed by Congress on January 22, 1802. Effect on judicial divisions and authority The Act became law on February 13, 1801 and reduced the number of seats on the Supreme Court from 6 to 5, effective upon the next vacancy in th ...
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Judiciary Act Of 1802
The Judiciary Act of 1802 () was a Federal statute, enacted on April 29, 1802, to reorganize the federal court system. It restored some elements of the Judiciary Act of 1801, which had been adopted by the Federalist majority in the previous Congress, but was repealed by the Democratic-Republican majority earlier in 1802. The 1802 Act effectively cancelled the 1801 Act's legally-called-for reduction in the size of the Supreme Court. The 1801 Act had provided that the Court's size would be reduced by one Justice to a court of five, by not filling its next future vacancy. Instead, the 1802 Act restored the Court's full-strength size to six members by referring to its then-present membership, which had been unchanged since the passage of the 1801 Act. This reaffirmed full-strength size of the Court as consisting of six Justices would not be changed again until the addition of a seventh seat by the Seventh Circuit Act of 1807: The Act restructured the circuit courts into six circui ...
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Judicial Circuits Act
The Judicial Circuits Act of 1866 (ch. 210, ) reorganized the United States circuit courts and provided for the gradual elimination of several seats on the Supreme Court of the United States. It was signed into law on July 23, 1866, by President Andrew Johnson. It in effect denied him the opportunity of appointing any justices to the Supreme Court. It was the first major legislation dealing with the judiciary following the American Civil War. The Act redrew the boundaries of the judicial circuits and reduced the number of circuits from ten to nine. It also provided for the gradual reduction in the number of seats on the Supreme Court from the ten that had been authorized in 1863 to seven and established in large measure the geographical outlines of the circuits ever since. As it happened, only two seats, those of John Catron and James Moore Wayne, were abolished during the brief three-year interval of the Act's efficacy, before being superseded by the Judiciary Act of 1869. T ...
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Habeas Corpus Act 1867
The Habeas Corpus Act of 1867 (sess. ii, chap. 28, ) is an act of Congress that significantly expanded the jurisdiction of federal courts to issue writs of habeas corpus. Passed February 5, 1867, the Act amended the Judiciary Act of 1789 to grant the courts the power to issue writs of habeas corpus "in all cases where any person may be restrained of his or her liberty in violation of the constitution, or any treaty or law of the United States."''An Act to amend "An Act to establish the judicial Courts of the United States," approved September twenty-fourth, seventeen hundred and eighty-nine,"'' sess. ii, chap. 28, (1867). Prior to the Act's passage, prisoners in the custody of one of the states who wished to challenge the legality of their detention could petition for a writ of habeas corpus only in state courts; the federal court system was barred from issuing writs of habeas corpus in their cases. The Act also permitted the court "to go beyond the return" and question the truth o ...
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Judiciary Act Of 1869
The Judiciary Act of 1869 (41st Congress, Sess. 1, ch. 22, , enacted April 10, 1869), formally An Act to amend the Judicial System of the United States and sometimes called the Circuit Judges Act of 1869, provided that the Supreme Court of the United States would consist of the chief justice of the United States and eight associate justices, established separate judgeships for the U.S. circuit courts, and for the first time included a provision allowing federal judges to retire without losing their salary. This is the most recent legislation altering the size of the Supreme Court. The Act was signed by President Ulysses S. Grant. Impact Supreme Court size There were eight justices serving on the Supreme Court at the time the Act was enacted. The Judicial Circuits Act of 1866 had provided that the Court be reduced in size from ten to seven justices, but the reduction was to occur only as seats were vacated. Only one seat was vacated between the 1866 and 1869 Acts (this was in addit ...
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Judiciary Act Of 1891
The Judiciary Act of 1891 ({{USStat, 26, 826), also known as the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals and reassigned the jurisdiction of most routine appeals from the United States district court, district and United States circuit court, circuit courts to these appellate courts. Therefore, it is also called the Circuit Courts of Appeals Act. The Act created nine new courts that were originally known as the "United States circuit courts of appeals;" the name was changed to its current form in 1948. Each court was composed of two circuit judges and one district judge. The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court of the United States, Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. The change resulted in an immediate reduction in the Supreme Court's workload (from 623 cases fi ...
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