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Questions tagged [federal-courts]

Questions about the federal judiciary of the United States (as opposed to state court systems).

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Enforceability of removal to federal court

28 U.S.C § 1332 and 28 U.S.C § 1446 outlines federal court jurisdiction for diversity of citizenship and the procedure for removing a civil case to federal court from state court. From what I'm ...
Christopher's user avatar
0 votes
1 answer
143 views

Can you appeal a decision if the judge based it on subjective and unclear testimony?

Suppose in a non-jury civil lawsuit, the Plaintiff calls the Defendant to the stand, and proceeds to question him. During the testimony, the judge interrupts to ask the Defendant witness a question. ...
lgshost's user avatar
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1 vote
1 answer
168 views

In US District Court, can a plaintiff amend a complaint , more than 21 days after service, if extensions are granted to file an answer?

When a complaint requires correction of a mistake or misstatement, which relates to the amount of relief they are entitled to, based upon the same claim/cause of action, but more than 21 days have ...
JDWhippingBoy's user avatar
4 votes
2 answers
206 views

Theoretically if subpoena'd as a witness with only a day and a half of notice could you argue that its not valid with the court?

Curious on a hypothetical case, if someone was subpoena'd to testify as a witness in a federal court case and they were served the subpoena on the Friday before the Tuesday of the case which leaves ...
Will's user avatar
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1 vote
1 answer
371 views

Can US state law ever conflict with federal law?

At the bank I was asked if my income would come from growing marijuana. The bank clerk said they ask this because it’s illegal on the federal level, even though legal in some states. How can something ...
Julius Hamilton's user avatar
3 votes
1 answer
266 views

Based on what legal basis is former AG Edwin Meese arguing that appointment of Jack Smith was improper?

Former attorney general Edwin Meese wrote an Amici Curiae paper to the federal DC Circuit Court of Appeals that Jack Smith's appointment as special prosecutor and counsel in the prosecution of Trump ...
Anthony's user avatar
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4 votes
1 answer
2k views

Why did Jack Smith concede federal DC circuit appeals court has jurisdiction over Trump immunity claims when he could've relied on SCOTUS precedent?

Special prosecutor Jack Smith conceded that the DC circuit has appellate jurisdiction to hear Trump's interlocutory (interim) appeal over denial of criminal immunity for his actions on 1/6/2021 under ...
Anthony's user avatar
  • 425
14 votes
2 answers
3k views

How many separate judicial systems are there in the United States?

At minute 17:30 of this video https://www.youtube.com/watch?v=lJOpSkyBl2Y the lecturer claims there are 51 separate court systems. But I count at least 52: 50 states, the federal system, and ...
LMR's user avatar
  • 167
7 votes
2 answers
4k views

Is this the first time an appeal about double jeopardy for being tried first in the US senate, then in the judiciary has been considered?

An exchange between two CNN reporters in a December 14, 2023 video Judge pauses Trump election interference case begins BLITZER: ...the judge ordering a pause until major appeals play out, ...
uhoh's user avatar
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8 votes
2 answers
5k views

Can federal courts overturn state court decisions on matters of state law?

If a state court rules, for example, that a particular state law is unconstitutional under the state constitution, can this decision be overturned by a federal court?
Someone's user avatar
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4 answers
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How long do courts have to follow precedents?

It was recently in the news that the Eight Circuit Court of Appeals has decided that only the federal government can sue under Section 2 of the Voting Rights Act. However, this past June, the Supreme ...
interfect's user avatar
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1 vote
1 answer
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Would the US Marshals have concurrent jurisidction to arrest January 6 protesters with active federal warrants along with the FBI?

I have family members who work in the US Marshals that I will be seeing soon for Thanksgiving. While I can certainly submit tips to the FBI, such process is rather impersonal and is just more ...
Anthony's user avatar
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-1 votes
1 answer
105 views

Is there any minimum sentence faced by SBF?

The widely reported maximum sentence available faced by Bankman Fried is 115 years. Is there any minimum?
TylerDurden's user avatar
0 votes
1 answer
90 views

Can an american tax payer sue a researcher that knowingly conducted fraudulent research with taxpayer funded grants?

There has been an uptick in cases of academic fraud being reported in the mainstream media. With websites like retraction watch tracking the general field of things. Popular commentators such as Pete ...
Sidharth Ghoshal's user avatar
18 votes
2 answers
4k views

Why are there two case numbers for United States v. Trump?

There are two almost identical case numbers assigned for the case United States v. Trump. The dockets are almost identical. 1:23-cr-00257-TSC USA v. TRUMP PACER CourtListener 1:23-cr-00257-TSC-1 - ...
Daniel McDonald's user avatar
14 votes
1 answer
3k views

Do Federal courts have the authority to dismiss charges brought in a Georgia Court?

News Headlines indicate: Mark Meadows asks federal court for Georgia charges to be dismissed Under what statute do Federal courts have the authority to intervene in a state (Georgia) trial? Any ...
gatorback's user avatar
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4 votes
2 answers
3k views

Can defendants arraigned in federal court sometimes be "out on bail" secretly with no way for the public to know about or verify the bail?

In this answer to my Politics SE question *Is former president Trump "out on bail" as Chris Christie asserts? If so, were campaign funds used? which ends: Bail is a particular type of bond ...
uhoh's user avatar
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8 votes
1 answer
4k views

Does Trump have the right to waive a jury trial and request a bench trial in the classified documents case?

In the Federal criminal case against Donald Trump in the Mar-a-Lago classified documents case, does former president Trump have the ability to waive a jury trial and request a bench trial? Given ...
JohnFx's user avatar
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3 votes
2 answers
207 views

Are US federal guidelines and statistics available for sentencing for "possession of a gun by an addict"?

After 04:44 in CNN's June 22, 2023 Was Hunter Biden given a 'sweetheart deal'? Legal expert weighs in, the senior legal analyst for CNN, and former assistant United States Attorney Elie Honig says: ...
uhoh's user avatar
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28 votes
1 answer
4k views

Why the obscure but specific description of Jane Doe II in the original complaint for Westenbroek v. Kappa Kappa Gamma Fraternity?

In Westenbroek v. Kappa Kappa Gamma Fraternity (2023), filed in the Wyoming District of U.S. court, the plaintiffs are seven women, members of Kappa Kappa Gamma sorority at University of Wyoming, ...
Mark Dominus's user avatar
-1 votes
2 answers
78 views

Limitations of State law

Given the seemingly faulty law reported in WSJ, this gives rise to the question: When states define & enforce ill-conceived law, is Federal law (Constitutionality) the only limit to state law? ...
gatorback's user avatar
  • 7,169
4 votes
1 answer
655 views

Can I use a recorded phone call as evidence in a federal court case if I'm a participant in the conversation (in two single-party consent states)?

Would it be legal for me to record a phone call, without the other party’s explicit knowledge or consent that it was being recorded beforehand, as long as I, a participant in the conversation, consent ...
greenblue's user avatar
2 votes
3 answers
188 views

Can someone summarize the ruling in Texas Mifepristone ruling?

I started reading the ruling in Alliance for Hippocratic Medicine v. FDA, but it's 60 pages long and full of the expected legalese. Can someone summarize the argument of the plaintiffs and the legal ...
Barmar's user avatar
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3 votes
4 answers
1k views

In the United States, what decides whether a case should go to the state courts or the federal courts?

The United States has a dual judiciary system with a state court system and a federal court system with the US Supreme court. If there is a person who is accused of breaking both state and federal ...
Schwarz Kugelblitz's user avatar
0 votes
1 answer
91 views

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 ...
S.O.S's user avatar
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-4 votes
3 answers
101 views

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 ...
Chris's user avatar
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-2 votes
2 answers
258 views

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? ...
BlueDogRanch's user avatar
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4 votes
1 answer
74 views

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 ...
scip's user avatar
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1 vote
1 answer
128 views

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) ...
S.O.S's user avatar
  • 601
1 vote
1 answer
99 views

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. ...
S.O.S's user avatar
  • 601
0 votes
0 answers
84 views

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. ...
S.O.S's user avatar
  • 601
8 votes
1 answer
2k views

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?
Jen's user avatar
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12 votes
4 answers
3k views

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 ...
ScottishTapWater's user avatar
8 votes
1 answer
2k views

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 ...
Mark Dominus's user avatar
6 votes
1 answer
314 views

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 ...
Dot_plot21's user avatar
2 votes
1 answer
638 views

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?
COOKIES's user avatar
  • 372
0 votes
1 answer
53 views

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 ...
Chazzn's user avatar
  • 1
0 votes
1 answer
119 views

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 ...
bdb484's user avatar
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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?
Someone's user avatar
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5 votes
1 answer
276 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 ...
paulj's user avatar
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3 votes
2 answers
417 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 ...
haleonj's user avatar
  • 361
4 votes
1 answer
368 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 ...
COOKIES's user avatar
  • 372
1 vote
1 answer
105 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 ...
kisspuska's user avatar
  • 3,934
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 ...
Bohemian's user avatar
  • 175
2 votes
1 answer
97 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 ...
kisspuska's user avatar
  • 3,934
0 votes
2 answers
149 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 ...
FZS's user avatar
  • 111
1 vote
2 answers
104 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:...
Dale's user avatar
  • 111
5 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 ...
gatorback's user avatar
  • 7,169
4 votes
1 answer
1k 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?
kisspuska's user avatar
  • 3,934
1 vote
1 answer
292 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 ...
Just Asking Questions's user avatar