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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How is a "passed" bill translated into a federal code in the US?
After a bill is through the legislative process what occurs for it to be translated from the form it is in when it is debated in Congress to when it is "implemented" or written and published ...
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On the legality of booby traps in a far future united states [closed]
So there are a few famous cases in the united states wherein booby traps were ruled to be illegal, as they're indiscriminate in their application.
Let's say we have material X. Material X is special, ...
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Are Technological Standards bodies required to be approved by the government?
In the interest of cross vendor compatibility, the method by which different technologies interoperate is often standardized. This means that a non binding agreement is made between multiple parties ...
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How similar do trademarks have to be to be infringement? [duplicate]
I received a marketing email from Lenovo with the slogan "Different is better." This seems quite similar to Apple's "Think different," to the point that had I seen the slogan out ...
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Can the Secret Service arrest someone who uses an illegal drug inside of the White House?
In light of the recent discovery of cocaine inside the West Wing of the White House, I am wondering if a person who either lives in, or works in, or makes a visit to the White House, is caught using ...
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What laws define resident and employee rights and protections on federal land, esp. administered by the National Park Service?
How do you look up which laws apply to people who live, work, operate businesses, etc., on a particular parcel of U.S. federal land, especially on land administered by the National Park Service?
How ...
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Security clearance of police officers
My question is inspired by this one, but it’s not the same.
It is my understanding that the federal law-enforcement officers who seized the boxes of documents held by “45” expected to find some papers ...
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Could they subpoena Mike Pence to testify whether he knew that Trump had taken classified documents out of the White House?
In regards to the trial that will take place in the future regarding the issue of former U.S. President Donald Trump mishandling classified documents, I was just wondering if former Vice President ...
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"Murder laws are governed by the states, [not the federal government]." Is Vivek Ramaswamy right?
United States presidential candidate Vivek Ramaswamy stated he doesn't support a federal ban on abortion, a practice which he understands to be murder, because the U.S. federal government doesn't ...
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Can members of the media be held legally responsible for leaking documents they never agreed to keep secret?
Larry the Leaker is high up in the US government, and has access to highly classified information/documents. He goes to John the Journalist, and tells him to publish all of it. Obviously, Larry has ...
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Is this trespassing on US government property?
I live on a residential access road off of USDA property. Multiple times a week for the last 5 years, I have taken a walk down my road and on to the USDA property, walking on the main roads around the ...
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The Effect of the Repeal of law that grants rights to a party has on a successor party assigned to carry out the duties described in the repealed law
Does the repeal of a statute granting a party authority to enforce a contract eliminate a successor-in-interest party’s ability to enforce the contract?
12 USC 1441a granted the Resolution Trust ...
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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 ...
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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?
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FTCA and US Abortion
Planned Parenthood's major point against abortion bans has been the mother's health. Specifically, where pregnancy could risk an early-pregnancy death of both the kid and the mother.
If a mother was ...
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APA vs. tort comparison
Any suggestions on where to find a detailed side-by-side comparison of the Administrative Procedures Act use versus the use of tort law for federal agency cases? Thanks for suggestions.
Searching on ...
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Where do executive agencies obtain their power to effectively legislate?
Large portions of the Code of Federal Regulations are enacted by executive agencies such as the Federal Communications Commission and the Federal Aviation Administration, rather than by Congress. The ...
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Suppose I pay by money order, not debit card. If the mechant scams me, will the Post Office refund me?
I've had some trouble with merchants sending wrong parts or even ignoring orders in the past. Obviously banks won't fight them tooth and nail for a refund.
But if I pay a little more for a money order,...
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Does the ADA require society to refer individuals suffering from addiction to mental healthcare?
I had a question cross my mind, and I asked Google to help me out. "Hey Google, is addiction legally a disability?"
The answer met my ears in seconds: "Addiction is generally considered ...
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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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Is the USA government exempt from falling foul of the provisions at 18USC960 by funding Ukraine?
Further to this question and this answer, 18 USC 960 states:
Whoever, within the United States, knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for, or ...
user35069
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Are non-contact visitations at max-security federal prisons sometimes supervised? (US)
Not sure if this answer as posed in the title is sufficiently about law to be on-topic. If so, my question defers to the more legal alternative:
Is it legal for a federal prison to supervise the non-...
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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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College Student Loan Forgiveness Law
Does the Biden $10,000 forgiveness plan for students require Congressional approval? Why or why not? Do certain laws have Congress exemption?
Student Loan Forgiveness
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I paid off my student loans myself. If Biden announces Federal Student Loan forgiveness, am I owed money?
"Biden to Announce Decision on Student Loan Debt, Affecting Millions of Borrowers."
I owed $40,000 in student loans, and paid them off by working two and three jobs at a time for many years. ...
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What is the law on NICS checks when purchasing firearms?
In the US it is common practice for sellers of firearms to follow the following process:
Ask buyer to fill out ATF form 4473
Call NICS to verify that the DOJ/FBI is not aware of any prohibitions ...
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Could the federal government mandate state universities to not discriminate against out-of-state students?
I can't see any way to do so through the constitution, but I am consistently surprised by the kinds of laws that the federal government can make, so I'm obviously not well-versed in the possibilities.
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Consequences of unlawful deletion of records
The Secret Service recently admitted to the unauthorized (according to the National Archives) deleting of text messages relevant to the US House's investigations of events surround the January 6, 2021 ...
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Could the US Federal Government open abortion clinics inside Federal buildings?
As an example, USCIS has dozens of offices around the US, including many states where abortion is expected to be banned soon. Could the US Federal Government dedicate a part of every USCIS building to ...
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Is there any FOIA-like law or process by which a federal agency would sign or otherwise authenticate the documents they issue?
A friend of mine needs to get a federal document authenticated for a legal case in a foreign court. The first part of the authentication process requires that the document be signed or bear the seal ...
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Operationalizing the definition of "dating relationship" in federal US domestic violence law
I read in the New York Times that the US Congress is trying to fix the "Boyfriend loophole" in gun purchase restriction laws after domestic violence convictions. They note that individuals ...
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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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Can the enactment of the 25th Amendment delay a U.S. President from launching nuclear missiles?
I am wondering that if a U.S. President is intent on launching nuclear missiles against a foreign enemy of the United States, and he/she has verbally informed the Vice President and his/her Cabinet ...
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Can the Federal Government dismiss any state Legislative Assembly in the USA?
Does the constitution of USA allow the President to dismiss Governors' of States who rebel against the Union?
Does the constitution of USA allow the President to dissolve the Assemblies of States ...
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How long can the National Forest put off responding to my request?
I own an inholding within Inyo National Forest. I requested to gain motorized access to my property but was denied citing that it was reasonable to walk in or take mules. About a year ago, I emailed ...
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Legality of police bringing firearms into federal post office
Is it legal for all police officers in the United States to carry firearms into post offices, which fall within the jurisdiction of the federal government, when called by post office employees?
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Can a civil disability be applied without a trial?
In an article promoted in this tweet a blue-check attorney makes a claim that some Congressmen can be disqualified from holding public office because of A14.3.
He claims that a criminal conviction is ...
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Why was coronavirus travel ban implemented by a presidential proclamation rather than an executive order?
On March 11, 2020, President Trump issued a proclamation that suspended entry to the United States from most of Europe. After a series of amendments by both administrations, also in the form of ...
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Who has more power over the Police? [closed]
RESUME
When ranking the "power"(see footnote 1) over a community, the ordinary citizen will have the least power while the local police in the respectful community (street, city etc.) will ...
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Significance of the organized/unorganized attribution of US territories
Reading articles re US territories, two terms are given significant (e.g are in the heading chapter AND sidebar header of relevant Wikipedia article) reference: Incorporated/Unincorporated and ...
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List of state and federal authorities having regulatory control over microbreweries
Upstate New York (USA) here. I have been homebrewing beer for many years and I am interested in opening up my own microbrewery/brewpub. Before I consult an attorney and CPA I want to do some of my own ...
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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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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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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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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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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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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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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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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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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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