Questions tagged [us-federal-government]

For questions regarding the United States federal government. For questions about US federal law, use [united-states] instead.

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36 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 ...
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Will a government shutdown affect the student loan moratorium?

I have student loans that are in forbearance and I know the moratorium is set to expire on January 31st, 2022. However, I know that there is a chance that the government will shutdown soon and I'm ...
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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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21 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 ...
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1answer
249 views

Does the jurisdiction of a LEO end at an easement?

I'm curious about this video (TYRANT ALERT PHOTOG ATTACKED BY FEDERAL AGENTS - MICHAEL HODSON U.S. CUSTOMS AND BORDER PATROL) of a federal LEO (law enforcement officer) who is egregiously assaulting/...
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30 views

Analyzing the complaint and answer in federal civil case

I'm interested in understanding how lawyers and judges analyze the pleadings provided in the answer to a civil complaint. Therefore, I'll choose an interesting case I'm not involved in and provide a ...
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2answers
192 views

Can a USA federal employee use a prostitute in a Las Vegas where it is legal?

We got into an interesting debate at work today after someone joked that a prostitute would be cheaper than dating someone. The crutch of the debate was whether Federal employees or military could ...
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1answer
63 views

What, if any, exemptions exist to 28 U.S. Code § 516?

28 U.S. Code § 516 states: Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing ...
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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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1answer
40 views

How Many Days After the Comment Period Could You Expect a Proposed Rule to become a Fully-Implemented Final Rule?

When a Proposed Rule is issued by a United States government agency, and the rule is in the Comment Period, how long does it take for the Final Rule to be implemented after the Comment Period has ...
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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 ...
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1answer
71 views

Can a federal agency refuse to accept a document because it doesn't have a wet signature?

As an example, the instructions for Form 83(b) state that: Once you have completed the form, please sign it and mail a copy to your IRS Service Center and to your employer. Also, be sure to retain a ...
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4answers
4k views

As a non-US person, what license may I have to use public materials from agencies of US government?

I want to reuse a gif published in this website of this US government agency. I don't see any copyright statement anywhere, except a link to Freedom of Information Act. In my vague understanding of ...
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3answers
8k views

What is the legal distinction between Twitter banning Trump and Trump blocking individuals?

For reference, this recent NPR article contains all of the information that inspired this question. The lawsuits referenced in the above article center on then-President Trump blocking individual ...
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1answer
87 views

Is barter of firearms illegal per se?

I want to know if it is presumably/presumptively/normally illegal to barter using firearms. Is it illegal to barter one firearm for another firearm? Can services or goods other than firearms be ...
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1answer
49 views

Public procurement laws or regulations similar to HIPAA or PCI?

United States here, and potentially also involving two states, New York and Vermont. If a business is a vendor that sells goods to the federal government (as a GSA awarded contractor) and also sells ...
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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 ...
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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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179 views

What would happen if a US state government refused to abide by a decision of its own supreme court?

Assume some legal question is brought up for a ruling by a US state supreme court. Further assume the question is on an issue which both the US constitution and US federal law takes no stance on; it ...
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1answer
100 views

Camera to monitor mailbox

A community has a row of mailboxes, as opposed to a mailbox at each address. This is common in the rural USA. Since the covid-19 pandemic, people occasionally drive by and steal the mail. Several ...
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807 views

HR1 would force states to have independent districting. How does the federal gov't have authority to require this?

Section 2401-2422 of the H.R. 1 - For the People Act of 2021 would require states to set up independent districting commissions in order to prevent gerrymandering. This seems pretty clearly to ...
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3answers
143 views

What is the effect of the repeal of a law amending a former law?

1 U.S. Code § 108 provides "Whenever an Act is repealed, which repealed a former Act, such former Act shall not thereby be revived, unless it shall be expressly so provided." However, many ...
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1answer
3k views

Bright-line or Litmus Test for Sedition?

The media is crediting Donald Trump, Giuliani and Trump's son with inciting the protesters to march from the Ellipse to and breach the Capitol building on 6 January 2021, interrupting the electoral ...
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285 views

Felony murder in the U.S. Capitol [duplicate]

Reports say that someone died during the protest/occupation at the Capital building. Given that, is it reasonable that some of the persons who stormed the building could be successfully prosecuted ...
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1answer
96 views

If the US federal government is sued for not abiding by it own laws, can it then be sued for the legal expenses due to the lawsuit?

In US citizenship applications it's common for an application to be processed beyond the time frame set by the federal law. In such cases, the applicant may file a lawsuit with a federal court, ...
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1answer
97 views

If the US federal government has sovereign immunity, why can it be sued in federal courts?

Specifically, in US citizenship cases it's common for applicants to request a federal court to issue and enforce a writ of mandamus in order to compel the federal government to process an application ...
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26 views

US naturalization application processing delay — Writ of Mandamus; Action under Section 336(b) of the INA, 8 U.S.C. § 1447(b)

When applying for US citizenship, after taking the interview with the USCIS and being told that no further interviews will be required, according to the US law, the USCIS has up to 120 days to make a ...
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24 views

how common are federal misdemeanor charges?

According to https://www.nbclosangeles.com/news/local/hollywood-man-arrested-on-federal-charge-after-his-drone-crashed-with-an-lapd-helicopter/2466525/ a man was recently arrested on a federal ...
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1answer
124 views

Is it legal to give fictional characters titles of real-world government officials?

Is it legal to refer to fictional characters in a video game with titles of real-world government officials, e.g., a Congressman, the President, etc.? I've seen lots of movies where they refer to &...
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1answer
76 views

Is it legal to depict public government buildings in a video game?

At my business, some people are deliberating about adding public government buildings to a level in our game. There are concerns about whether this is legal. I thought for sure I played games in the ...
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2answers
100 views

Which members of the American government are required by law or tradition to live in a specific location beyond the President?

Foreward: This question is about the American government, but an argument could be made that it doesn't concern law, strictly speaking. If it doesn't belong here, please let me know where it could ...
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1answer
121 views

Is a notorized "Agreement" between buyer and seller binding?

Bought a vehicle from a dealer couple of months ago only to have my insurance refusing to insure it due to fraudulent odometer reading. I ran my own history report and sure enough, it was rolled back ...
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1answer
88 views

Can governors deploy state police vs federal police?

(Non US national here) Can the governors of states that disagree with the deployment of federal troops deploy some kind of state force to stop these? Does state police loyalty lie with the governor or ...
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3answers
112 views

What legal authorities provide for DHS to police cities?

I heard about 40 U.S. Code § 1315 on a podcast. It allows HHS officers to safeguard federal property and gives them arrest power under explicit conditions - (c) arrest people they witness committing ...
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Can the Federal Protective Service make arrests without identification or in unmarked cars?

This week, a protestor who was part of the George Floyd protests in Portland, Oregon was arrested by federal agents who were without identification, and who put him into an unmarked van. Customs and ...
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3answers
150 views

Why is it ok to submit false statements to a judge, according to 18 USC 1001(b)?

18 USC 1001(a) makes false statements to the federal government a felony. However, 18 USC 1001(b) says: Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for ...
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9k views

Does the government control what time it is?

Does the government control what time it is? Recently, I read that the west coast states are considering dropping Daylight Savings Time. Apparently, the process is first for the states to agree, and ...
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2answers
130 views

What happens if nobody "stands in defense" of a lawsuit against the US government as administrations change?

This answer to the Politics SE question What happens to lawsuits against US presidential administrations when the administration changes due to an election? has been well received and so I've accepted ...
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1answer
47 views

does false statement statute really reach this far?

The Federal statute against false statements at 18 U.S.C. 1001 seems to ban almost any lie that gets reported to the executive or judicial branch (the legislative branch is treated more narrowly). ...
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1answer
42 views

Limitations on US DEA

A rather disreputable source, Buzzfeed News, says The DEA is limited by statute to enforcing drug-related federal crimes. But on Sunday, Timothy Shea, a former US attorney and close confidant ...
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May any former felons legally purchase modern firearms after expungement?

The state in question is Michigan, but I'm curious about the question in America generally. I'm aware about Michigan's requirements before petitioning for expungement. I'm not clear if either or ...
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102 views

What are the implications of the new executive order regarding social media?

As I understand it, Trump is planning to issue an executive order that claims some social media platforms are violating the Communication Decency Act Section 230 by not acting in good faith, and as a ...
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2answers
130 views

Can Michigan's attorney general take legal action against Trump for not wearing a mask?

I read from a CNBC news article how Michigan’s attorney general said Trump has a “legal responsibility,” under state law, to wear a mask as a precaution when visiting factories. Trump refuses to wear ...
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2answers
82 views

Where is Arizona's [and other states] timezone defined?

Where is the timezone defined for Arizona? Is it in the Arizona constitution? Is it in Arizona Revised Statutes? Is it in the United States constitution? Is it in the United States Code? Where is ...
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1answer
48 views

What legal precedent exists for states blocking their governors extended stay at home orders?

Several states now have had their extended Sam home orders challenged by lower courts, before they were advanced to their state supreme courts. What constitutes this? I would assume that during any ...
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2answers
139 views

Does the ATF have jurisdiction to prohibit gun sales to marijuana users when the marijuana used is not subject to federal jurisdiction?

Does the ATF have jurisdiction to prohibit gun sales to marijuana users when the marijuana used is not subject to federal jurisdiction? https://www.law.cornell.edu/wex/commerce_clause If the ...