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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
  • 37.5k
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
  • 57.4k
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
  • 218k
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
  • 57.4k
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
  • 39.9k
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
  • 4,659
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
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
  • 57.4k
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
  • 60.4k
9 votes
Accepted

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?

It would be an extraordinary circumstance for a defendant to be out on bail or bond without that fact being part of the public record. In general, the public has access to court records under both the ...
bdb484's user avatar
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8 votes
Accepted

Why did Jack Smith concede federal DC circuit appeals court has jurisdiction over Trump immunity claims when he could've relied on SCOTUS precedent?

Trump’s brief says the following about appellate jurisdiction: The district court's decision constitutes a “final decision” under 28 U.S.C. § 1291 and the collateral-order doctrine. See Cohen v. ...
sjy's user avatar
  • 9,188
4 votes

How long do courts have to follow precedents?

How long do courts have to follow precedents? Forever, until expressly or implicitly overruled by a higher court. I would disagree with DaleM about the 8th Circuit case referenced being a question of ...
ohwilleke's user avatar
  • 218k
4 votes
Accepted

Based on what legal basis is former AG Edwin Meese arguing that appointment of Jack Smith was improper?

What other basis is Edwin Meese relying on to make this Amici Curiae argument? You have reasonably summarized the argument being made and its weaknesses in your question. Meese is really counting on ...
ohwilleke's user avatar
  • 218k
3 votes

Theoretically if subpoena'd as a witness with only a day and a half of notice could you argue that its not valid with the court?

Subpoenas in federal court are governed by Federal Rule of Civil Procedure 45. The requirements to issue one are at Rule 45(a)-(c) and the means to resisting and enforcing them are at Rule 45(d)-(g). ...
ohwilleke's user avatar
  • 218k
3 votes

Can US state law ever conflict with federal law?

It’s complicated Yes, Federal law overrides state law, but only if the Federal government has jurisdiction. A way of thinking about this is that the states are sovereign, but have ceded some aspects ...
Dale M's user avatar
  • 211k
3 votes

Are US federal guidelines and statistics available for sentencing for "possession of a gun by an addict"?

Rare or not, are US federal guidelines and statistics available for sentencing for "possession of a gun by an addict"? As the solid answer by DM notes, U.S. federal sentencing guidelines ...
ohwilleke's user avatar
  • 218k
3 votes

Are US federal guidelines and statistics available for sentencing for "possession of a gun by an addict"?

I can at least look at the federal sentencing guidelines. From the description of the offense I'm guessing he's charged under 18 USC §922(g)(3). In the guidelines, this offense would appear to fall ...
D M's user avatar
  • 7,168
3 votes
Accepted

Would the US Marshals have concurrent jurisidction to arrest January 6 protesters with active federal warrants along with the FBI?

Would the US Marshals have concurrent jurisdiction to arrest January 6 protesters with active federal warrants along with the FBI? Would the US Marshals have legal jurisdiction to arrest and bring in ...
ohwilleke's user avatar
  • 218k
2 votes

How long do courts have to follow precedents?

There was no precedent involved It appears that no previous case has challenged the standing of private organisations to bring such a case. Now they have, and a court has decided the question. There ...
Dale M's user avatar
  • 211k
2 votes

How long do courts have to follow precedents?

canada There is no "best before date" on a precedent. That is: the age of a precedent, considered on its own, presents no constraint on when that precedent might be overturned. However, ...
Jen's user avatar
  • 57.4k
2 votes
Accepted

Is there any minimum sentence faced by SBF?

See Matthew Bultman, "Bankman-Fried’s Pre-Trial Antics Haunt Him Before Sentencing" (3 November 2023): Judges are required to consider federal guidelines at sentencing, but don’t have to ...
Jen's user avatar
  • 57.4k
2 votes

In US District Court, can a plaintiff amend a complaint , more than 21 days after service, if extensions are granted to file an answer?

Can the Complaint be amended? In US District Court, can a plaintiff amend a complaint, more than 21 days after service, if extensions are granted to file an answer? When a complaint requires ...
ohwilleke's user avatar
  • 218k
2 votes

Theoretically if subpoena'd as a witness with only a day and a half of notice could you argue that its not valid with the court?

It’s not valid australia You should give the person subpoenaed as much notice as possible of the hearing or trial date but the person must be served not less than 7 days before they are required to ...
Dale M's user avatar
  • 211k
1 vote

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

It's hard to say, without a clear definition of "a court system", but there are hundreds even under the broadest definition of court system. There is a federal system, 50 state systems, also ...
user6726's user avatar
  • 215k
1 vote

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

Any cause of action advanced at the federal level must have a federal basis, such federal law, the federal constitution, or general legal principles accepted by the federal courts. Simply asserting ...
Acccumulation's user avatar
1 vote
Accepted

Can an american tax payer sue a researcher that knowingly conducted fraudulent research with taxpayer funded grants?

Can an american tax payer sue a researcher that knowingly conducted fraudulent research with taxpayer funded grants? No. Taxpayers do not have standing to sue arising from the misuse of federal funds ...
ohwilleke's user avatar
  • 218k
1 vote

Technical basis for the binding nature of precedent or stare decisis

The US Constitution in Article III discusses "judical power", and "cases in law and equity". This might be a statutary basis for common law norms such as stare decisis. (Common law ...
Naftali Tzvi's user avatar

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