Questions tagged [federal-courts]
Questions about the federal judiciary of the United States (as opposed to state court systems).
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Procedural Rules v Federal Law?
This question is inspired by @ohwilleke response to my previous question.
In his response, ohwilleke highlighted the following point:
Isn't the the Appellate Division in NJ required to uphold the ...
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Is there a path through the courts to sue the US government to allow a national referendum?
I know there’s not an existing avenue to get a national referendum on the ballot, but is there a path through the court system, the damages being that the elected representatives are benefiting from a ...
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Could a state enforce a law that establishes a definition of "biological sex"?
There appears to be no federal law establishing a definition of "biological sex", according to an earlier Law SE question: Is there a definition of "biological sex" in U.S. law?
...
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To what extent are state courts bound to the descsion of circuit courts? [duplicate]
It is my understanding that federal courts usually only bind other federal courts, not state courts. Similarly, state courts usually bind only other state courts. A decision by the U.S Ninth Circuit ...
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Default judgement on failure to respond to summons
In the case "Raising Cane's USA, LLC et al v. Twins Chicken Inc", Plaintiff delivers a summons and Defendant appears to never reply. After 3 months, Plaintiff voluntarily withdraws their ...
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What is "look through" analysis?
For a federal court to hear a case it must have both subject matter jurisdiction and personal jurisdiction.
Federal court retains subject matter jurisdiction via 1) federal question jurisdiction or 2) ...
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Diversity of Citizenship in Federal Court Jurisdiction?
According to this thread, one of the three criteria in filing suit to compel arbitration in federal court is diversity of citizenship.
Suppose Party A enters into a business contract with Party B. ...
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Do federal courts favor arbitration compared to state courts?
On OgleeTree.com I read this:
State courts historically have been more hostile to arbitration than
federal courts.
Do federal courts tend to favor arbitration over state courts? Aren't both federal ...
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Filling a double lawsuit to compel arbitration in both state and federal court?
Federal courts are authorized to hear cases when the case involves federal question jurisdiction. State courts, on the other hand, are authorized to hear civil cases when the case involves state law. ...
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In the United States, must state courts follow rulings by federal courts of appeals?
In the United States, must state courts follow rulings by federal courts of appeals?
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Why is the federal judiciary of the United States divided into circuits?
There are many questions (and answers) on this site pertaining to circuit splits.
It is also my understanding that rulings/interpretations made by courts are binding on all lower courts within their ...
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Why is Oklahoma divided into three districts?
The United States Court of Appeals for the Tenth Circuit hears appeals from the district courts of the states of Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. With one exception, each ...
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In what cases is a U.S. Federal Executive Official named in a lawsuit in their official capacity as a defendant and when is the US itself named?
I was curious under what situations the United States is named as the defendant in a lawsuit as opposed to when a U.S. Federal Executive Official (or agency) is named (in their official capacity) as ...
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Can expert witnesses testify beyond the scope of their deposition testimony?
Under the Federal Rules of Evidence (FRE), can expert witnesses talk about something that was not included in their deposition transcript but is related to the case at hand?
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I am trying to find a case that contained language about campaign promises about legislation being actively legislated
I had simply searched for cases that dealt with campaign promises and when they are legally binding or illegal. I have tried to find the case again because it did a good job of explaining why unkept ...
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How to resolve a conflict between deadlines for state-court appeals and removal to federal court?
Plaintiff sues defendant under state law in state court.
On January 1, the court issues an order that would give rise to an interlocutory appeal by the defendant. Assume defendant has 30 days to file ...
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Could Congress create a court higher than the Supreme Court?
Could Congress create a court that could overrule SCOTUS decisions?
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Why does the Ninth Circuit court include so many states?
It appears odd that the ninth circuit contains not just so many states, which by itself would not be unique, but so many states with addition of California. Circuit courts for NY, FL, TX from what I ...
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Are defendants legally obliged to provide all culpatory evidence to prosecution?
There is a similar question that doesn't address this one. The question here is whether or not all evidence requested by prosecution must be provided by the defense? If the defense plans on only using ...
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Do any published cases exist grant a mistrial or new trial because of internet issues, computer issues, or other technical troubles?
FRCP Rule 52: Harmless and Plain Error:
(a) Harmless Error. Any error, defect, irregularity, or variance that does not affect substantial rights must be disregarded.
Are there any published case ...
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Why couldn’t declaratory reliefs in U.S. courts be used as a way forward to stop law-enforcement violence and overturn “qualified immunity”?
Summary of judgement is easier to achieve for civil remedies against claims against the law enforcement since a very narrow construction is used for a wrong having to match the facts of a previously ...
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How much would Novak Djokovic’s legal fees be?
Novak Djokovic just lost his appeal against his visa being cancelled in the Australian Federal Court and was ordered to pay all costs.
There was 1 court session and a judgement later same day.
What ...
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Authority of opposite decision on international law of other U.S. court of appeals in state court in instant circuit court
Say the U.S. Court of Appeals for the 9th Circuit decides that the provision of a self-executing, ratified-by-the-U.S. international treaty which provides for an individual right does not provide such ...
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Finding record of jury selection (peremptory challenges and challenges for cause) on PACER?
I am looking for records of the jury selection process in federal U.S. cases.
I am particularly interested in records indicating the names of prospective jurors and whether they were challenged ...
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How does the federal court’s decision to freeze Biden’s 100 employees or more mandate affect our jobs?
On Saturday 11/6/2021 the federal appeals court froze Bidin’s law that companies that had 100 employees or more have to be tested or get the vaccine and now this law has been frozen.
See article
https:...
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Ahmaud Arbery defendants invoke Georgia State Law as a Defense in Federal Court
It is my understanding that three defendants face a Federal hate crime involving the shooting death of Ahmaud Arbery.
In April 2021, all three men were indicted on federal charges of one
count each ...
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Citing federal court cases as authorities in state court
Do federal court rulings (non-appeal) function as estoppel or persuasive authority for them to be cited as authorities in state court civil complaints when the question at stake relates to state laws?
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Does a case continue if class certifcation is denied?
If a Motion for Class Certification is denied by the court, does the case continue?
I'm trying to research litigation against a specific US company and I've come across some cases in which the court ...
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In a civil case against the US gov't, complaint was not contested by defendant; can the judge reject a request of the plaintiff without a hearing?
There is a (valid) civil lawsuit which was filed against the US government, its agencies and officers at a district federal court. The plaintiff did not ask for a jury.
The US government (through the ...
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US federal court: The correct timeline of filing a request for entry of default
In a US federal court, assuming that the defendant, namely a US government official, failed to respond to a civil complaint within the 60-day period following the service of the compliant —
When ...
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Filing a motion/request with US federal court when one or more of the defendants were replaced since the original complaint
A complaint was filed with a US federal court. If there is a need for the plaintiff to file a motion or request (e.g. a request for entry of default) related to the original complaint, the motion or ...
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What if an American state ratified an article to its constitution that blocked judicial review?
Basically, if an American state added an article to its constitution, via the relevant mechanism that allows it to do so, that proscribed state and federal courts from striking down its legislation, ...
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Forum shopping in US Federal courts: is scheduling a factor
In filing a hypothetical federal civil case, it seems like some forum shopping may be possible. Might one of the reasons to select a particular court be to seek a speedier or slower trial?
How would ...
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Serving summons on a defendant who is a U.S. Federal Government official: original or copy?
A civil lawsuit against federal government officials is served by certified mail. This is in accordance with Fed. R. Civ. P. 4 (i):
(i) Serving the United States and Its Agencies, Corporations, ...
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Would this stand the test of the Constitution? [closed]
The back story:
Lady in SF Walgreens in Civic Center with accomplice “robs” store fake-coughing and claiming to have COVID. Security, manager won’t touch them, they flee with $90 of merchandise likely ...
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What happens when a federal government Defendant who is sued in his official capacity is being replaced shortly after the civil complaint was filed?
A civil lawsuit is filed against several federal government officials. The officials are specified in the complaint by their names as defendants, however they are sued in their official capacity.
What ...
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In a Civil Cover Sheet, what would be the right "Nature of Suit" Code for lawsuit due to Fed Gov't's failure to adjudicate Naturalization Application?
In a civil lawsuit, the cover sheet that accompanies the complaint usually requires to select the "Nature of Suit".
The US Courts website provides a document called "Nature of Suit ...
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In a Civil Case Complaint, does "Demand $" in Civil Cover Sheet (JS44) also apply to refund of legal fees through EAJA (Equal Access to Justice Act)
In a Civil Case Complaint against the US Federal Government, it is possible for the plaintiff in certain circumstances to get a refund of his attorney fees and other expenses.
As explained on a ...
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In which United States District Court should a permanent resident file a lawsuit against the USCIS?
A US permanent resident has recently moved to western VA.
VA has two United States District Courts: Western and Eastern.
The permanent resident would like to file a lawsuit against the USCIS. One of ...
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Filed each actions at once, could you move the court to conclude one or more actions for relief before moving to other actions?
18 U.S.C. 1915 (f)(1)
"Judgment may be rendered for costs at the conclusion of the suit or action [...]"
This strikes me as one action may be obtained summary of judgement or other forms of ...
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How to refer to a section of a US law in a lawsuit filed at a US federal court?
I want to refer to sections of US laws in a lawsuit filed at a US federal court.
For example, I look at the INA 1965 (Immigration and Nationality Act of 1965).
The different parts of the law are ...
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Default judgement when the court can't provide the requested relief
Bravo v. Pelosi is the latest attempt to overturn the 2020 US Presidential and Congressional elections. The plaintiffs are suing everyone they think is even remotely related to the election, and a ...
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Does accused always plead not guilty in federal court?
I've recently been following the case of boxer Felix Verdejo, who pleaded not guilty yesterday in killing of Keishla Rodríguez. Cádiz Martínez, a second person indicted in the killing, also pleaded ...
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Government's standing in criminal trials
There's an answer on politics SE that has some upvotes (but more downvotes) claiming (even more adamantly in subsequent comments) that standing is issue of substantial importance in criminal trials; ...
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Standing in court to collect based on "assignment of judgment" not filed in Court of Origin
Can private counsel or a collection agency "Register" a California state judgment in Federal Court for collection, and use an affidavit of "assignment of judgment" as proof of ...
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How soon after relocating is it possible to file a lawsuit in a federal district court?
In the US, if I relocate from one judicial district to another judicial district in another state — how soon after relocating is it possible to file a lawsuit in a federal district court?
(I plan to ...
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In the US, can the courts intervene if an extremely destructive (but constitutional) law is passed?
If the US Congress were to pass an extremely destructive (but constitutional) law that the president then signed, what would the result be and would there be any recourse from the courts or the states?...
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Technical basis for the binding nature of precedent or stare decisis
I understand that US district courts are generally required to follow precedent set by the appeals court directly superior to the district court, while opinions of other appeals courts may be ...
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Gorilla glue, when does a court decide to permit a trial
If a plaintiff brings a civil suit against another party (aka say the Gorilla glue hair suit), what role does the court play in whether to permit a trial, how has that role changed over the decades, ...
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Can a denied motion to intervene be appealed in itself?
From Wikipedia's article on intervention:
Rule 24(b) provides for permissive intervention, which is subject to the discretion of the judge hearing the case.
If the judge hearing the case denies a ...
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