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 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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3answers
818 views

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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4answers
4k views

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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0answers
48 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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0answers
24 views

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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0answers
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
31 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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1answer
479 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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1answer
52 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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2answers
207 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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3answers
146 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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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
23 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
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1answer
53 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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1answer
34 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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2answers
2k views

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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1answer
73 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 ...
4
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2answers
155 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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2answers
272 views

Naive approach to aggregating all US Federal Laws?

I'm a software developer and I've recently found myself curious about the US Federal Laws. There's a seemingly unsolved question of "How Many Federal Laws Are There?" (https://blogs.loc.gov/law/2013/...
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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?...
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1answer
7k views

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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1answer
4k views

Title 53, why is it reserved?

Title 53 is currently 1 of 54 titles that make up the United States Code, each title is marked with the topic of law it contains, but Title 53 is marked as reserved. The listing of Title goes: Title ...
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1answer
84 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
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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
91 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
53 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
91 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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4answers
189 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
111 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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1answer
808 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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2answers
286 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
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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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1answer
98 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
100 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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28 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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1answer
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
129 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
81 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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2answers
74 views

If Emoluments violations are tied to the governmental institution, do they go away when the violator leaves the government?

My question on Politics.SE around the recent DC Appeals Court dismissal of emoluments charges against the president on procedural grounds brought on a discussion better suited to here: If an ...
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2answers
137 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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1answer
38k views

Is it illegal to send mail through the US Postal Service with a missing or fake return address?

Is this illegal: Let's say someone wants to send a letter to a recipient. But if the sender were to put the correct return address and name on the letter that it likely will be thrown away by the ...
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1answer
91 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
155 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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7answers
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
132 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 ...