54 votes

Is this the first time an appeal about double jeopardy for being tried first in the US senate, then in the judiciary has been considered?

Nobody has ever tried this argument before because most people are not so foolish as to overlook the fact that the Constitution (Article I, Section 3, Clause 7) explicitly provides for the possibility ...
phoog's user avatar
  • 37.2k
53 votes

A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

Short Answer SIMPLIFIED AND UPDATED BASED ON ADDITIONAL INFORMATION IN THE QUESTION: The marriage is valid, but their marriage will not allow the girlfriend to refuse to testify as a witness in the ...
ohwilleke's user avatar
  • 213k
37 votes
Accepted

In the US, can the courts intervene if an extremely destructive (but constitutional) law is passed?

Generally, the legislature is not restricted to passing laws that are a good idea. This has been remarked on by the Supreme Court (in Justice Stevens's concurrence, emphasis added): But as I recall ...
Ryan M's user avatar
  • 10.3k
36 votes
Accepted

Why the obscure but specific description of Jane Doe II in the original complaint for Westenbroek v. Kappa Kappa Gamma Fraternity?

This case was filed in federal court under diversity jurisdiction, meaning that it’s a lawsuit between citizens of different states. In most cases, diversity jurisdiction requires “complete” diversity:...
cpast's user avatar
  • 23.9k
36 votes
Accepted

Why are there two case numbers for United States v. Trump?

Court Listener explained by email: This is unfortunately a bug we have in multi-defendant criminal cases. Sorry! See a more technical description of the problem here: https://github.com/...
Jen's user avatar
  • 54.9k
35 votes

How many separate judicial systems are there in the United States?

Part of the answer depends upon how you count it. Also, before one gets lost in the "trees" of the many U.S. court systems, it is important to note that the bulk of litigation of ...
ohwilleke's user avatar
  • 213k
31 votes

Do Federal courts have the authority to dismiss charges brought in a Georgia Court?

Meadows is first trying to remove the case to federal court Meadows has filed a notice of removal to federal court under 28 U.S.C. § 1442. § 1442 provides that a "criminal prosecution that is ...
Jen's user avatar
  • 54.9k
29 votes

Why is the federal judiciary of the United States divided into circuits?

While the answer by Jen does a good job explaining why some possible alternative structures for US courts of appeal (circuit courts) would be unworkable, the real reason why we have such courts is ...
David Siegel's user avatar
27 votes

Is this the first time an appeal about double jeopardy for being tried first in the US senate, then in the judiciary has been considered?

It is the first time Currently, there were 4 impeachment trials of presidents: Johnson in 1868, over longstanding arguments Clinton in 1998/99, over an affair Trump in 2019/20, over interference with ...
Trish's user avatar
  • 39.4k
25 votes
Accepted

What if an American state ratified an article to its constitution that blocked judicial review?

Under Article VI of the US Constitution, the federal constitution and valid federal laws are the supreme law of the land, and judges in every state are bound to apply them regardless of anything in ...
cpast's user avatar
  • 23.9k
24 votes

Government's standing in criminal trials

So what relevance if any does standing have in criminal trials? E.g., are there any examples of criminal cases/charges dismissed for lack of standing, by which I mean that the court decided the ...
ohwilleke's user avatar
  • 213k
22 votes
Accepted

Can prosecutors change or add additional charges once you plead guilty?

Under the Federal Rules of Criminal Procedure (Rule 11(b)(1)), a federal court may not accept a guilty plea without first addressing the defendant personally in open court. During this address, there ...
cpast's user avatar
  • 23.9k
17 votes

Can defendants arraigned in federal court sometimes be "out on bail" secretly with no way for the public to know about or verify the bail?

Here is one of the three Trump appearance bonds. As you can see, it is a personal recognizance bond, and not a dollar amount bond. He promises to appear, as required, and there is no money involved. ...
user6726's user avatar
  • 215k
17 votes
Accepted

Can federal courts overturn state court decisions on matters of state law?

No. Federal courts, when sitting in diversity jurisdiction,* are obligated to follow state law as articulated by state courts, as the Supreme Court ruled in Erie Railroad Company v. Tompkins. If there ...
Kevin's user avatar
  • 4,649
15 votes

Ahmaud Arbery defendants invoke Georgia State Law as a Defense in Federal Court

Be careful: from the Wikipedia article, it appears that there is a state criminal trial and there will be a federal criminal trial. In addition, there is a federal civil suit which incorporates some ...
phoog's user avatar
  • 37.2k
15 votes
Accepted

Could Congress create a court higher than the Supreme Court?

No The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. Any courts the Congress ...
Dale M's user avatar
  • 209k
15 votes
Accepted

Does Trump have the right to waive a jury trial and request a bench trial in the classified documents case?

While the right to a jury trial is waiveable, in order to have a bench trial in a federal district court, the court and prosecutor generally must agree. before any waiver can become effective, the ...
Jen's user avatar
  • 54.9k
15 votes

Why are there two case numbers for United States v. Trump?

The extra number is typically added to the end of a case number when there are multiple defendants. Trump's case number ends with -1 because he is the first named defendant. I suspect you'd be able to ...
bdb484's user avatar
  • 59.3k
14 votes

In the United States, must state courts follow rulings by federal courts of appeals?

Widely accepted answer: no, state courts are not bound by circuit precedent The near-consensus is that state courts need not follow the rulings by federal courts of appeal.1 State courts are ...
Jen's user avatar
  • 54.9k
13 votes
Accepted

Can lawyers ask about, and discriminate based on, iPhone ownership during a case involving Apple?

The question of whether they can ask these questions will be left to the trial judge. If the parties can make any kind of reasonable argument that consumers of one product or the other are likely to ...
bdb484's user avatar
  • 59.3k
13 votes

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, ...
ohwilleke's user avatar
  • 213k
13 votes

Government's standing in criminal trials

The Answer in Question The answer on politics.se supported its claims by citations and links to the Wikipedia article on Standing and the LII page. But the Wikipedia article while not specifically ...
David Siegel's user avatar
13 votes

Why is Oklahoma divided into three districts?

Oklahoma Territory and The Indian Territories were set on the road to statehood by the Oklahoma Enabling Act: §13 of that act stipulated that two judicial districts would be created, where The Indian ...
user6726's user avatar
  • 215k
12 votes
Accepted

Why is the federal judiciary of the United States divided into circuits?

Since you don't present alternatives to the division of the federal judiciary into circuits, I will consider the options that I can envision and which are undoubtably within the power of Congress to ...
Jen's user avatar
  • 54.9k
11 votes

In the US, can the courts intervene if an extremely destructive (but constitutional) law is passed?

I am not convinced that all of the examples are indeed valid laws. There are also conceivable grounds to invalidate a law (at least as applied to particular circumstances) beyond the law being ...
ohwilleke's user avatar
  • 213k
10 votes

A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

According to https://www.baezlawfirm.com/can-your-spouse-be-forced-to-testify-against-you/ Section 90.504 of Florida’s Evidence Code includes the privilege to exclude "marital communications" from the ...
David Siegel's user avatar
10 votes
Accepted

Gorilla glue, when does a court decide to permit a trial

American courts generally go through two main stages of pretrial review. First, the parties file their initial pleadings. The plaintiff files a complaint laying out his allegations and identifying the ...
bdb484's user avatar
  • 59.3k
10 votes

What if an American state ratified an article to its constitution that blocked judicial review?

A US state could prevent its own courts from overturning laws for violations of the state constitution. But the supremacy clause in Article VI, Paragraph 2 of the U.S. Constitution reads: This ...
David Siegel's user avatar
9 votes
Accepted

What law grants life tenure to federal judges in the US?

Your interpretation is correct. The constitution says that judges stay in office "until and unless they are impeached." That means that congress cannot impose a time limit on any judge's term of ...
phoog's user avatar
  • 37.2k
9 votes

Government's standing in criminal trials

Governments have automatic standing as the sovereign to enforce its laws, be it criminal or civil. One of those background principles is the concept that a sovereign government must have standing to ...
xngtng's user avatar
  • 5,903

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