Questions tagged [federal-courts]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
5 votes
2 answers
2k views

Could Congress create a court higher than the Supreme Court?

Could Congress create a court that could overrule SCOTUS decisions?
user avatar
  • 2,699
5 votes
1 answer
99 views

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 ...
user avatar
  • 547
2 votes
2 answers
145 views

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 ...
user avatar
  • 353
5 votes
1 answer
361 views

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 ...
user avatar
  • 197
0 votes
1 answer
79 views

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 ...
user avatar
  • 2,630
1 vote
1 answer
1k views

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 ...
user avatar
  • 175
2 votes
1 answer
86 views

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 ...
user avatar
  • 2,630
0 votes
2 answers
40 views

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 ...
user avatar
  • 11
1 vote
2 answers
100 views

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:...
user avatar
  • 111
6 votes
3 answers
2k views

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 ...
user avatar
  • 5,346
4 votes
1 answer
448 views

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?
user avatar
  • 2,630
2 votes
1 answer
58 views

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 ...
user avatar
0 votes
0 answers
52 views

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 ...
user avatar
  • 355
0 votes
0 answers
28 views

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 ...
user avatar
  • 355
0 votes
0 answers
22 views

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 ...
user avatar
  • 355
7 votes
3 answers
3k views

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, ...
user avatar
  • 835
0 votes
0 answers
63 views

If cause for injunctive relief becomes moot while case is pending, can it affect jurisdiction?

Suppose there's an interference tort (trespass/conversion) filed in federal court, and there is a jurisdictional requirement that the plaintiff be seeking injunctive relief (both parties are based in ...
user avatar
1 vote
2 answers
61 views

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 ...
user avatar
  • 1,736
2 votes
1 answer
97 views

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, ...
user avatar
  • 355
-2 votes
2 answers
106 views

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 ...
user avatar
  • 2,630
2 votes
1 answer
64 views

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 ...
user avatar
  • 355
1 vote
1 answer
30 views

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 ...
user avatar
  • 355
2 votes
1 answer
45 views

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 ...
user avatar
  • 355
1 vote
1 answer
75 views

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 ...
user avatar
  • 355
2 votes
1 answer
37 views

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 ...
user avatar
  • 2,630
3 votes
1 answer
50 views

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 ...
user avatar
  • 355
5 votes
1 answer
105 views

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 ...
user avatar
  • 5,515
4 votes
2 answers
161 views

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 ...
user avatar
22 votes
4 answers
3k views

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; ...
user avatar
  • 2,754
1 vote
2 answers
92 views

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 ...
user avatar
3 votes
1 answer
96 views

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 ...
user avatar
  • 355
10 votes
6 answers
7k views

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?...
user avatar
  • 477
3 votes
2 answers
136 views

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 ...
user avatar
  • 24.8k
8 votes
2 answers
2k views

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, ...
user avatar
  • 547
3 votes
0 answers
48 views

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 ...
user avatar
  • 2,754
15 votes
2 answers
4k views

Can lawyers ask about, and discriminate based on, iPhone ownership during a case involving Apple?

In the lawsuit(s) between Epic and Apple, assuming it ends up in front of a (federal) jury, are the lawyers for each side allowed to ask potential jurors whether they have iPhones or Android phones; ...
user avatar
  • 788
1 vote
1 answer
59 views

Temporarily Stopping a Lawsuit for Medical Reasons

If the entity prosecuting a lawsuit or the entity defending a lawsuit becomes unable to do the necessary work in that lawsuit due to medical reasons: What is the proper way to let the court know? ...
user avatar
  • 135
1 vote
1 answer
75 views

Can a person secure an entity's former employee to act as an expert witness against them?

In federal court, is there any ethical or evidentiary rule that prohibits a person from using that entity's former employee as an expert witness against them? For context, I would like to use a ...
user avatar
0 votes
0 answers
29 views

What Standing does a Default Defendant have?

Does a default defendant have standing to argue anything other than removal of the default and the dollar amount of damages? Can a default defendant argue the validity or anything else about any ...
user avatar
  • 135
0 votes
1 answer
53 views

How to do discovery on non-party unnamed witness?

How does one do discovery on a non-party only the opposing party knows? Suppose the opposing party filed a motion and an adequate response to the motion will require that discovery be done on some of ...
user avatar
  • 135
0 votes
1 answer
91 views

fraudulent service of process

If someone sues me and sends their request for me to waive service of summons but sends the request via certified mail to my deceased cousin's house, we have same name, and my cousins widow tells me ...
user avatar
  • 135
0 votes
1 answer
74 views

Would a Notice of Entry of Appearance be required in federal bankruptcy case going pro se?

Let's say someone were to initiate a Chapter 13 bankruptcy in federal court of course. And they had an attorney prepare the filing and take the case through confirmation. But a while later, the ...
user avatar
  • 769
2 votes
1 answer
158 views

Service of Process to the Deceased

Hypothetically speaking; One party to a lawsuit is dismissed. A year later Notice of Appeal if filed and service of same is sent to the dismissed party via standard mail. Then a month later the ...
user avatar
  • 135
1 vote
1 answer
296 views

moving to dismiss a count in an amended complaint although "answered" in the original complaint

Hypothetical scenario: Plaintiff files a complaint having three counts A, B, and C. Defendant files an answer to counts A & B and moves to dismiss count C for "failure to state a claim." ...
user avatar
3 votes
1 answer
692 views

What law grants life tenure to federal judges in the US?

In the United States, what law grants life tenure to federal judges? The Good Behaviour Clause of the Constitution says: The Judges, both of the supreme and inferior Courts, shall hold their ...
user avatar
0 votes
1 answer
30 views

Can one get information about US federal misdemeanor citations?

According to New Hampshire Public Radio, in June 2019, Officials with U.S. Customs and Border Protection issued tickets to 29 people for alleged immigration violations at a checkpoint on I-93 near ...
user avatar
  • 24.8k
2 votes
1 answer
39 views

Filing a Federal Criminal (not Civil) Complaint

I want to file a Federal criminal (not civil) complaint in California under... Conspiracy against rights - https://www.law.cornell.edu/uscode/text/18/241 Frauds and swindles - https://www.law....
user avatar
1 vote
2 answers
109 views

Are there any circumstances under which a federal court order may be lawfully ignored?

Question is in the title. Another formulation: Are there any circumstances under which a defendant may lawfully decline to comply with a federal court order? A sort of mini-appeal process, if you will?...
user avatar
  • 123
0 votes
2 answers
270 views

Can a prosecutor add evidence to increase punishment after a guilty plea is entered?

My next question is, after a defendant is indicted can the prosecutor keep adding to the case just so that they can increase the defendant guidelines? And after the defendant pleas guilty, can they ...
user avatar
1 vote
1 answer
82 views

What percentage of a Qui Tam is recovered?

In the case of a Qui Tam filing with the United States attorneys office what percentage of the recovered damages go to the person that filed with the office?
user avatar