51
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 case.
She can be compelled to testify against him under oath, but does not have to testify about the confidential communications that they have with each ...
24
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 are 15 things that the court must ensure that the defendant understands (if they apply in the case); one of these is the nature of every charge the defendant is ...
10
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 testimony of a spouse, but does not include the "testimonial privilege" which Federal common law and the laws of many US states do include, that permits one ...
7
Because cases challenging actions of almost any Federal agency or department are typically filed at the head office of that agency or department, which is usually in DC. Similarly, national organizations of all kinds who are affected by some government action often file a case from their own national headquarters, which is often in DC. Thus the DC circuit ...
7
Yes. The U.S. AG can decline to prosecute an indictment at any time until jeopardy attaches when a jury is sworn in to consider the charges at trial. The AG can also abandon a prosecution mid-trial but then cannot retry those charges later.
The AG might abandon charges, for example, because the evidence does not appear to support the charges when presented ...
7
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 office. If it did so, it would be contrary to the constitution. The only grounds for removal are those to do with misbehavior. Therefore, judges have life ...
6
To answer the more general question in the title:
What happens if federal courts contradict each other?
It depends on the context.
In some cases, like this, the outcome is the same. If one district court decides to issue an injunction (or restraining order) then the injunction exists even if other courts decline to issue a similar injunction. Only a ...
5
One pleads guilty to specific charges. If the government brings additional charges after a defendant pleads, the defendant's existing plea will not apply to the new charges.
4
Yes.
A dispositive motion is a motion that can end the case. The most common are a motion to dismiss and a motion for summary judgment. A motion for judgment on the pleadings is like a motion to dismiss but usually for plaintiffs arguing that even if everything in the answer to the complaint is true, that the plaintiff still wins as a matter of law.
This ...
4
Article III, Section 2 of The Constitution requires that
The trial of all crimes, except in cases of impeachment, shall be by
jury; and such trial shall be held in the state where the said crimes
shall have been committed; but when not committed within any state,
the trial shall be at such place or places as the Congress may by law
have directed
...
4
"Revenge" is not a legal concept. If you injure someone other than in self defence or for another legal reason than you are committing assault. Hence dangerous booby traps for trespassers are illegal, so anything that might cause injury, however minor, is definitely out. That includes itching powder.
However I would make an analogy with anti-climb paint. ...
4
Writs of Mandamus Are A Recognized Procedural Tool In the Federal Courts
Is there precedent for this type of use of the writ of mandamus?
Yes.
It needs to be understood against the background rule of civil procedure that a party can only appeal a final judgment of a trial court, and cannot appeal an order entered by a trial court prior to entry of a ...
4
At the federal level, this is covered by FRE 501, the privilege rule, specifically the spousal testimonial privilege which permits a witness to refuse to testify against his or her spouse. This privilege is not limited to events that a person witnesses while married to a defendant; it is limited to testimony that would be given while the witness is married ...
3
What are the things that I should prepare for this session, in terms
of order of dress, language, content?
Dress
In an actual court room, suit and tie is preferred for men and formal dress for women for lawyers and professionals.
Your "Sunday best" or what you would wear to work on a typical day would be appropriate if you don't have a suit and tie or ...
3
The Steven Avery case is explained in detail at Wikipedia.
Federal courts can collaterally review state court convictions in a habeas corpus action to determine if the conviction was obtained through a violation of a person's federal constitutional rights that the state courts refused to remedy after the person aggrieved attempted to obtain a remedy in the ...
3
There are no such laws that are specific to rape, but there are general laws about false statements. In every state there is some law against making a false statement to a government official, e.g. Washington RCW 9A.76.175 which says that one who "knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor". ...
3
Broadly speaking, a writ of mandamus is a court order to a government official to do its job properly, typically by performing some nondiscretionary task.
It is commonly sought against officials in the executive branch, where there is not always a clear process for appealing a decision to take or not take some action. In the judiciary, there's nearly always ...
3
I want to file a Federal criminal (not civil) complaint
You can't. Only the US government can do that.
https://www.uscourts.gov/faqs-filing-case
Individuals do not file criminal charges in U.S. district courts. A criminal proceeding is initiated by the government, usually through the U.S. attorney's office in coordination with a law enforcement agency. ...
3
Note: The answer to the question is not the same in every U.S. state and territory. I have provided definitive answers only when there is unanimity or near unanimity.
Did the deceased's family obligate themselves by not returning the the
first service, that of the Notice of Appeal?
No.
Unless they expressly agree to do so in writing to be responsible ...
2
How can this be possible?
What rules make this possible?
Each judge independently evaluates whether the case was brought by someone who suffered an actual injury and whether the defendant is properly sued in federal court. Any given person who is injured can sue in only one federal court at a time. The general rule in federal court is that venue is proper ...
2
The "fair notice" provision is completely unrelated to search warrants. The principle of fair notice is generally applicable to laws. It is irrelevant to specific people in specific situations being told specific facts.
This provision places a requirement on the law itself, that it must be clear about what it requires of the person(s) subject to it, and ...
2
A prosecutor has very broad discretion to offer and rescind a plea agreement, subject to Federal Rules of Criminal Procedure Rule 11. This note gathers together sources that have studied the effect of this discretion. If you reject an offer, then the offer isn't there anymore. Either side can withdraw from a bargain until the judge accepts it.
2
As the other answers indicate you don't plead guilty (or not) to indictment (or criminal information). Instead for each specific charge in an indictment you're asked whether you plead guilty or not. So if federal prosecutors somehow added additional charges to an indictment, you wouldn't automatically be pleading guilty to those as well. However prosecutors ...
2
As a general rule, a claim arising under a federal law can be filed in federal court without first filing in state court. This is called federal question jurisdiction.
But, state governments cannot, as a general rule, be sued in a federal court. You can such local governments in federal court and you can sue individual employees of state governments in ...
2
I'd like to add a few points.
There are several important limitations to the loophole. First, the crime would have to be committed entirely within the Zone; if it weren't, the prosecutors could charge it somewhere less problematic.
Second, there is the possibility of charges that don't carry a right to a jury trial (Class B misdemeanors or below).
Third ...
2
You could bring a motion to compel for failing to respond substantively to a motion to admit which is objected to, just as you could for an interrogatory. The process is the same.
Normally, a request to admit would not be deemed admitted if a substantive objection was filed by the deadline, even if there was no express admission or denial. Only if the ...
2
Each separate conviction of a separate crime carries its own separate penalty.
Three convictions leads to three separate sentences.
It is up to a judge's discretion to say if the sentences should be imposed concurrently or consecutively.
2
Most courts and tribunals have an overriding duty to serve the interests of justice. For example, s58 of the Civil Procedure Act (NSW) 2005 states: "the court must seek to act in accordance with the dictates of justice". Similarly, s18 of the Commercial Arbitration Act (NSW) 2010 says "each party must be given a reasonable opportunity of presenting the party’...
2
A federal court order may be lawfully ignored if it has not be served (i.e. delivered in the manner set forth in court rules) properly upon the person to whom it is directed, but it is exceedingly risky to do so if you have actual knowledge of the order, because "substituted service", "constructive notice" and similar doctrines can cause a court order to be ...
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