Questions tagged [due-process]

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Tax refund offset due process

What due process is there in federal refund offset? For instance, if a state contacts the IRS claiming that someone owes them a debt, will the IRS just take their word for it and deduct the amount ...
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Process server attempted to serve me at old address

I moved roughly a year ago. My business and my drivers license were both updated to reflect my new address. However, the new occupant of my home told me that on Sunday - someone attempted to serve me ...
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Is there a situation where someone can be sanctioned without trial (rule-of-law edition)? [duplicate]

Some one already made this question, but no he/she did (at least for what the answers say) it in general, including no rule of law. This question restricts the search space to state with rule-of-law. ...
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Is there a situation where someone can be sanctioned without trial?

Given a person commits an obvious infraction1 of a law B and this law has a sentence established by a legal statute that does not consider jury consultations possible, is there some legal framework to ...
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Is there any other jurisdiction where a government-devised scheme similar to civil forfeiture for crime prevention exist other than the U.S.?

In the U.S., many states adopted laws that allow law enforcement to appropriate property that is liquid or easily liquidated (in practice predominantly cash) not only in cases where past criminal ...
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Why is the defendant presumed guilty in traffic court?

This article says, "When it's your word against the police officer's [regarding a failure to stop at a stop sign], the person with the badge usually wins." It seems like the officer should ...
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Can a US criminal bench trial be conducted without a defendant's jury waiver?

In 1980, the Court of Appeals of the Third Circuit ruled that the Fifth Amendment's due-process clause overrides the Seventh Amendment right to a jury trial in complex civil cases. This opinion was in ...
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Are there legal limits to U.S. states taxing out-of-state income?

When a New York State non-resident has NYS income, NY's tax rates are based NOT on the absolute amount of the NYS income, but on the non-resident's federal income, pro-rated to the percentage earned ...
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Legal remedies for being banned from a school system

I was banned from a school system for providing behavior interventions to students without the administration's approval. The Board's attorney banned me using a trespassing statute. I never ...
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Are the courts open when the law library is closed?

Throughout the US, many courts face the challenge of providing services while concurrently attempting to comply with health guidance from the national, state and regional authorities. In many cases ...
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Does the sixth amendment entitle me to know who called the county on me for a code violation?

Is my accuser the person who petitioned the county to investigate a code violation?
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Due process and Board decisions

Say an occupational licensing board in a US state denies an applicant, and then he follows their appeal process and had a hearing before a hearing officer who is not a member of the board. The hearing ...
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Can Derek Chauvin's due process rights be guaranteed in a jury trial - for the murder of George Floyd - if the entire country knows about it?

Due process would demand Chauvin be granted a robust defense and proper trial so that justice can be done in the death of George Floyd. But the entire country knows all the facts about the case. How ...
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Could a judge sentence someone who isn't on trial?

A somewhat common TV trope is for a judge to sentence someone who isn't actually on trial - for example, the real culprit bursts into the middle of a trial and confesses, and then the judge says, "In ...
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Would Hitler have been protected by Sovereign Immunity?

So, with all the talk of sovereign immunity lately due to the coronavirus lawsuits against the Chinese government, a thought occurred to me: Would Hitler have been protected by sovereign immunity for ...
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Generic "Judicial" rules of order?

This question asks for a Roberts Rules analogue for, specifically, courtroom proceedings. However, other non-governmental organizations often need to decide someone's fate within the organization ...
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Does the concept of fairness and due process apply only to the defendant or to the prosecution as well?

"Fairness" isn't mentioned in the constitution but due process is and I would think typically applies to a defendant - someone who has been accused of a crime. But is there a concept where the ...
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Can prosecutors add charges to get an individual to plead guilty?

Can a prosecutor add additional charges to pressure a defendant to plead guilty to the original charges?
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Is it a 5th amendment violation to set a person up to be arrested?

It strongly appears that the State of Florida has in place an operation, or device, to make sure that you are arrested for driving while license suspended ("DWLS"). The scheme is as follows, 1) FL DMV ...
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Is the U.S. entity ban against Huawei against the rule of law?

Is the U.S. entity ban against Huawei against the rule of law? Huawei hasn’t been formally charged or convicted in any court of law and not a single evidence hasn’t been presented to prove Huawei ...
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What happened to bounties in the wild west?

Few things are more emblematic of the wild west era that a wanted poster. Today such a thing is unheard of. I know today there are rewards for information leading to capture of fugitives and bail ...
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Public Library Bannning "Problem Patrrons" : Scope and Source of Authority?

Public libraries in the USA many times add a “Code of Conduct” to their collection of “policies.” They typically include a provision for banning “problem patrons” from the library for as long as life....
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Would a parking policy which is not posted be contestable in court?

The fine is small, it's more the principal. I recently moved to a new neighborhood. My side of the street has parking, and there are cars regularly parked all along it, at all hours of the day. ...
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Is it a violation of due process for a public committee to have no regular rules of order?

Many committees operate by Robert's Rules of Order, but there are others that have no fixed rules and I have observed public committees in some cases acting arbitrarily. Is it a violation of due ...
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Government employer obligations for refusal to hire based on allegiations

The Kavanaugh hearings have brought up an interesting point. What are the legal obligations of a government employer, when it comes to handling allegations against a prospective employee? I would ...
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"Reasonable doubt" and conditional probabilities

Let A be the event that the accused is guilty and B is the event that evidence / testimonies are presented against the accused. In the U.S., does "reasonble doubt" refers to a juror's subjective ...
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What is the meaning of "Individual-1"?

During the Cohen trial last night, Trump was described as "Individual-1." Now I know they weren't trying to hide who this "Individual-1" was because they deliberately said that Individual-1 became ...
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In the United States who has the authority and what is the procedure to determine if conduct by an individual is "illegal"?

This is a canonical question posed for the purpose of clarifying the rules of criminal procedure in the United States relevant to who is authorized by law to determine if alleged conduct is "illegal". ...
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3 answers
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New trial motions-once the motion for summary judgment has a response may new trial motion be invoked?

Litigation in the pretrial phase progresses to the point of possibly one party filing the MSJ. After that motion has been responded to and the judge has the responsibility to rule on it, may he, for ...
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Why hasn't civil asset forfeiture been ruled unconstitutional?

If news articles like this and this are accurate, then U.S. law enforcement can confiscate private property, including cash, without convicting someone of a crime – or even charging them – under a ...
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determining who filed a disputed document

A document was filed in a case, which provided a key piece of information that the Court was required to consider. Party 2 learned of the filing six months later, states that he did not file it and ...
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Can state keep a part of my cash bond if found not guilty?

In Texas speeding is a class C misdemeanor. If someone takes this to trial and the state requires a cash (bail) bond (twice the maximum find amount plus court costs) they must pay it to the county or ...
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How long can the government charge you after arrest but before trial?

If a person has been arrested already, can the federal government bring up additional felony charges while that person awaits trial? And if so how long does the government have to bring up the ...
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Can a Judge ask for a manifest injustice then dismiss the motion?

First, a Pro Se POST CONVICTION RELIEF was filed for an issue relating to tampering with evidence (a Joseph Graves issue) and the judge responded with: Since Defendant is seeking to withdraw her plea ...
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What is arbitration and mediation?

What does it mean to resolve disputes with arbitration and mediation? I understand that they're alternatives to going to court, but how can companies or individuals enforce this with contracts? What I ...
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Defective motion on its face - does judge deny, dismiss, or strike it (without hearing the motion)?

I received a motion that fails to state facts or elements as required. I always thought that motions get denied, not dismissed. The motion fails raise all issues as required, e.g., in child custody ...
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Are there any defenses for defendant who had a police officer order the filling of their known fraudulent prescription? [closed]

Are there any defenses for defendant who had a police officer order the filling of their known fraudulent prescription? These are the facts: Suspect leaves a voice mail for a fraudulent prescription ...
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2 votes
4 answers
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If one has committed illegal act A or B, but we cannot prove that A was committed or B was committed, is one generally proven guilty of a crime?

Imagine a scenario where you know beyond a reasonable doubt that somebody did something wrong, but you couldn't prove exactly what it was. It could have been A or B. But you cannot prove it was A ...
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