Questions tagged [federal-courts]

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6
votes
3answers
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, ...
2
votes
2answers
152 views

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 ...
0
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0answers
62 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 ...
1
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1answer
51 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, ...
1
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2answers
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 ...
-2
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2answers
102 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 ...
1
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1answer
21 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 ...
2
votes
1answer
52 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 ...
2
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1answer
32 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 ...
1
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1answer
72 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 ...
1
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1answer
36 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 ...
3
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1answer
49 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 ...
5
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1answer
89 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 ...
4
votes
2answers
128 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 ...
22
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4answers
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; ...
1
vote
1answer
273 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." ...
10
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6answers
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?...
1
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2answers
68 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 ...
4
votes
1answer
179 views

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 ...
0
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2answers
129 views

discovery objections

suppose a party is seeking discovery on an opponent. The opponent refuses to answer discovery because they say "irrelevant, not related to the claims". If the opponent does that on interrogatories ...
3
votes
1answer
88 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 ...
3
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2answers
131 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 ...
8
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2answers
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, ...
3
votes
0answers
39 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 ...
0
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1answer
85 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 ...
15
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2answers
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; ...
1
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1answer
56 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? ...
1
vote
1answer
391 views

Are lawyers allowed to keep charging money after termination?

I was wondering if attorneys are allowed to keep charging money even after termination. The situation is this: a lawyer has been terminated. A new lawyer has been retained and he/she has filed notice ...
0
votes
1answer
53 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 ...
0
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0answers
25 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 ...
0
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1answer
51 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 ...
0
votes
1answer
68 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 ...
2
votes
1answer
135 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 ...
3
votes
1answer
671 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 ...
1
vote
1answer
80 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?
0
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1answer
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 ...
7
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2answers
669 views

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 ...
2
votes
1answer
36 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....
1
vote
2answers
104 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?...
0
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2answers
219 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 ...
2
votes
1answer
56 views

Can Rule 15(c)(1) be used by original parties to defeat a timely claim?

I am currently in a scenario analogous to this one: Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir). 1.) Plaintiff brings a suit against party A before ...
2
votes
3answers
262 views

What is law of the case in the us federal court system for district court judges?

Someone recently brought up the apple fbi phone unlock case and I, not being a lawyer, got curious about whether, if a final decision had been reached by that judge, what exactly that would mean. That ...
4
votes
1answer
216 views

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
votes
1answer
100 views

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?
1
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1answer
410 views

Amending Motions

CM/ECF (The Electronic Filing System used by federal courts) has a section for "amended motions". What are the circumstances under which a party could amend a motion? In federal court, can one amend a ...
50
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4answers
18k views

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 ...
2
votes
1answer
599 views

What if someone put a non-lethal "bomb" im a package addressed to them to get back at a mail stealing thief

Already I know this is a bad idea. Someone keeps stealing my friends packages that were left on their doorstep. They had the bright idea of rigging a smoke bomb or itching powder bomb or something ...
0
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2answers
39 views

motion practice and timeliness

If a defendant does not timely reply to a response, then a judge orders the defendant to file a reply within x amount of days; is that prejudicial to the responding party? Prejudicial to plaintiff ...
4
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2answers
1k views

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 ...
2
votes
1answer
46 views

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 ...