Questions tagged [federal-courts]
Questions about the federal judiciary of the United States (as opposed to state court systems).
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A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?
In Florida a career felon, who is a complete stranger to my son, killed my son. He is being prosecuted for this crime in a state court in Florida. There are two witnesses. One of them is the the ...
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1
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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, ...
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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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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 - ...
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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; ...
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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 ...
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4
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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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Can prosecutors change or add additional charges once you plead guilty?
Suppose you are charged with theft of trade secrets. If you decide to plead guilty, can the government add further charges or change the existing ones after seeing that you've pleaded guilty? For ...
user14142
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What happens if Federal Courts contradict each other?
Regarding the recent travel ban, federal judges in Hawaii and Maryland both ruled against the ban.
What would have happened if one of those judges ruled against the ban and the other did not?
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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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Getting away with murder in Yellowstone National Park?
http://www.vice.com/read/theres-a-50-square-mile-section-of-yellowstone-where-you-can-get-away-with-murder
Is there something to the idea explained on the page linked above?
It says portions of ...
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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 ...
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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 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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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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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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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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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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2
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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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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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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 ...
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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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How should I prepare in terms of dress and language to testify at a bail hearing?
So there's this situation, where a relative of mine has been arrested and caged up with charges of a white collar crime. In order for us to fight the prosecutors, we must bail him/her out first. I ...
user14142
4
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1
answer
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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 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 ...
4
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1
answer
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AG's and indictments
I'm curious, let's say that a prosecutor has taken a case before a grand jury. That grand jury has chosen to indict. Can the AG withdrawal those indictments?
I've been trying to find out here, but I'...
4
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1
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Why does the District of Columbia have its own Court of Appeals?
Geographically, it looks like DC should be part of the Fourth Circuit. With such a small population, only about 3% of what the other Circuits have jurisdiction over, why does it get its own?
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Under what circumstances is the writ of mandamus normally used?
Currently the State of Maryland and the District of Columbia are pursuing a case against the President of the United States regarding alleged violations of the emoluments clause.
As described by ...
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What's the punishment for false rape accusations in the US?
Is there currently any federal or state laws that punish false rape accusations?
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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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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 ...
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1
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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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1
answer
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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
...
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4
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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 ...
3
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2
answers
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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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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:
...
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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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How can two separate federal judges rule on the same question at basically the same time?
In relation to Trump's executive orders, both the first version and the new watered down one, it seems that two (or more) separate judges were asked to rule on its constitutionality. How can this be ...
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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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2
answers
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Can a federal judge impose a higher sentence than the prosecutor proposed in the US?
Suppose a US federal attorney/prosecutor brought a case before a US federal court and the defendant is accused of committing a federal crime. The law says that the defendant can be imprisoned up to 5 ...
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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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1
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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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1
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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 ...
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1
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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....
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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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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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1
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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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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?
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Multiple "not more than"-style offenses in sentencing guidelines
Federal sentencing guidelines tend to use 'not more than' x amount of time in what I assume is a reverse mandatory minimum, disallowing a judge from 'throwing the book' at the offender. However, some ...
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