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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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Repeal of law that grants rights to a party has on a successor party assigned to carry out the duties described in the repealed law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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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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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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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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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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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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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 ...
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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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Could a president sue a person for defamation during their time in office?
In this hypothetical (unless it's happened in the past), a prominent citizen or news agency makes statements about the president, or his decisions or policies, that are knowingly inaccurate or false ...
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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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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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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 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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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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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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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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What laws apply to Visa holders in the US?
I'm a French citizen currently staying in Los Angeles for studies under an F1 Visa.
I was told that in the US, only federal law applies to foreigners which is why despite Pot being legalized in ...
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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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Is it illegal for the US government to compete with private industry?
I've heard several people say that it's illegal for the US government to compete with private industry. The specific context was about developing and providing software (desktop programs, mobile apps) ...
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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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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 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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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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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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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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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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Can a sitting U.S. president be imprisoned without impeachment?
A sitting U.S. president can not be indicted for federal crimes as a matter of constitutional separation of powers and DOJ policy, among other reasons.
The president's constitutional protections and ...
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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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