what is the role of the Erie Doctrine when applied to a case in Federal Court under the rules of diversity
what are the elements of diversityWhat is the role of the Erie Doctrine when applied to a case in Federal Court under the rules of diversity?
The Eric Doctrine says that a federal court in diversity jurisdiction must apply state substantive law, which basically means that when a federal court hears a diversity case, it must apply state common law when deciding state law issues, NOT FEDERAL laws, in adjudicating the case.
This prevents federal courts from ignoring state law and case precedents and making new law in a state. So, if the law in your state is you get two apples for every orange, and someone from a another states sues you in your state in federal court on this issue, the federal court has to honor your state law and give you two apples for every orange.
Friday, May 14, 2010
Some cases, such as bankruptcy and patent, are heard only in federal courts...?
Some cases, such as bankruptcy and patent, are heard only in federal courts. Do you think that having exclusive jurisdiction by federal courts in these subject matters is a good idea? Why or why not? Some cases are also only heard in state courts. For example, most family law cases are almost always heard in state court and not federal court. Is this a good idea? Why or why not?Some cases, such as bankruptcy and patent, are heard only in federal courts...?
Patents and bankruptcy are in federal courts because the constitution gave Congress the power to regulate these matters and Congress has done so to the exclusion of the States and State Courts. Some federal laws may be litigated in state courts and any federal court can consider state laws assuming they have ';subject matter jurisdiction'; such as cases over a certain amount between people of different states
Patents and bankruptcy are in federal courts because the constitution gave Congress the power to regulate these matters and Congress has done so to the exclusion of the States and State Courts. Some federal laws may be litigated in state courts and any federal court can consider state laws assuming they have ';subject matter jurisdiction'; such as cases over a certain amount between people of different states
Mom and the federal case?
my mom and i have not gotten along for years. 8 years ago she said if i ever called her again she would press charges. i call them every once in a while and get the answering machine. sometimes, i leave non threatening messages. on new years eve, i did the same thing and no she says (we live in different states) our law enforcement, your law enforcement and the feds are involved. is she full of it and starting to break down? why would she call me and tell me that if the police are handling it?Mom and the federal case?
Jason,
You are in the wrong section of ANSWERS. Here we are supposed to answer questions about Taxes. However, here is my opinion on your comment;
You should never disrespect your Mom, if you do, you will end up a big loser in life. If your Mom tells you not to call, you should respect her wishes and ask for her forgiveness for anything you have done to hurt her.
Good luck!Mom and the federal case?
This is the tax section of the forum.
But that said, it does sound like she's full of it re all the cops and the FBI involved. But I'd still quit calling.under eye concealer
Jason,
You are in the wrong section of ANSWERS. Here we are supposed to answer questions about Taxes. However, here is my opinion on your comment;
You should never disrespect your Mom, if you do, you will end up a big loser in life. If your Mom tells you not to call, you should respect her wishes and ask for her forgiveness for anything you have done to hurt her.
Good luck!Mom and the federal case?
This is the tax section of the forum.
But that said, it does sound like she's full of it re all the cops and the FBI involved. But I'd still quit calling.
Federal courts have exclusive jurisdiction over all of the following types of cases except cases involving?
A. Foreign government Official
B. A person accused of a federal crime
C.Citizens of different States
D.the infringment of a copy right
Another question that I was wondering about U.S. court hears which cases
1. civil cases
2.criminal cases
3.no cases that generated by the Internal Revenue service
4.All of theseFederal courts have exclusive jurisdiction over all of the following types of cases except cases involving?
C. Citizens of different states. There's concurrent jurisdiction with the states on that type of case.
The second half of your question is indecipherable.Federal courts have exclusive jurisdiction over all of the following types of cases except cases involving?
Federal courts have exclusive jurisdiction over (C), citizens of different states, but only IF a party asserts it. It is important to remember that your state's trial court is the only court of general jurisdiction that can hear any type of case. Suits between citizens of different states can be removed to federal court, but they can be filed and heard in state court also. A right to federal jurisdiction is not the same as mandatory federal jurisdiction.
In answer to the second part of your question, which is understandable to me, is that your state's trial courts can hear all cases you describe. Yes, there is a court devoted only to tax cases, but that court does not have exclusive jurisdiction. Tax cases can by heard by state courts. Criminal tax charges are frequently heard by state courts. Civil and criminal cases go to your state court. Some may be removed to fed'l court because of diversity jurisdiction or federal crimes, but removal is optional. In short, federal courts do not have exclusive jurisdiction in any of the choices you listed in your question. They have concurrent jurisdiction with the state court. The only court of general jurisdiction is your state trial court--called District Court in my state, or Superior Court, or Court of Common Pleas or Supreme Court (in NY) and probably a few other names.
-C- is correct..
Federal courts are courts of limited jurisdiction. Article III, 搂2 of U.S. Constitution lists nine categories of federal jurisdiction. You must fall into one of the categories for federal court to hear the case.
See also 28 U.S.C. Section 1331 and 1332
B. A person accused of a federal crime
C.Citizens of different States
D.the infringment of a copy right
Another question that I was wondering about U.S. court hears which cases
1. civil cases
2.criminal cases
3.no cases that generated by the Internal Revenue service
4.All of theseFederal courts have exclusive jurisdiction over all of the following types of cases except cases involving?
C. Citizens of different states. There's concurrent jurisdiction with the states on that type of case.
The second half of your question is indecipherable.Federal courts have exclusive jurisdiction over all of the following types of cases except cases involving?
Federal courts have exclusive jurisdiction over (C), citizens of different states, but only IF a party asserts it. It is important to remember that your state's trial court is the only court of general jurisdiction that can hear any type of case. Suits between citizens of different states can be removed to federal court, but they can be filed and heard in state court also. A right to federal jurisdiction is not the same as mandatory federal jurisdiction.
In answer to the second part of your question, which is understandable to me, is that your state's trial courts can hear all cases you describe. Yes, there is a court devoted only to tax cases, but that court does not have exclusive jurisdiction. Tax cases can by heard by state courts. Criminal tax charges are frequently heard by state courts. Civil and criminal cases go to your state court. Some may be removed to fed'l court because of diversity jurisdiction or federal crimes, but removal is optional. In short, federal courts do not have exclusive jurisdiction in any of the choices you listed in your question. They have concurrent jurisdiction with the state court. The only court of general jurisdiction is your state trial court--called District Court in my state, or Superior Court, or Court of Common Pleas or Supreme Court (in NY) and probably a few other names.
-C- is correct..
Federal courts are courts of limited jurisdiction. Article III, 搂2 of U.S. Constitution lists nine categories of federal jurisdiction. You must fall into one of the categories for federal court to hear the case.
See also 28 U.S.C. Section 1331 and 1332
Thursday, May 13, 2010
In the case of state v. Ringquist, was this case a function of the federal or state court system?
What was the jurisdiction and what was the original venue of the case?In the case of state v. Ringquist, was this case a function of the federal or state court system?
The case was an appeal by the State of North Dakota from a district court order suppressing evidence obtained during a search of Richard Allen Ringquist's apartment, pursuant to a search warrant issued by the Stark County Court.
The case was heard by the North Dakota Supreme Court, which reversed and remanded the district court order. State v. Ringquist, 433 N.W.2d 207 (N.D. 1988).
The case was decided under the North Dakota constitution, with the state Supreme Court agreeing that the standard enunciated by the US Supreme Court in Illinois vs. Gates (totality of the circumstances) is the appropriate test for issuance of a warrant under the state consitution.
The case was an appeal by the State of North Dakota from a district court order suppressing evidence obtained during a search of Richard Allen Ringquist's apartment, pursuant to a search warrant issued by the Stark County Court.
The case was heard by the North Dakota Supreme Court, which reversed and remanded the district court order. State v. Ringquist, 433 N.W.2d 207 (N.D. 1988).
The case was decided under the North Dakota constitution, with the state Supreme Court agreeing that the standard enunciated by the US Supreme Court in Illinois vs. Gates (totality of the circumstances) is the appropriate test for issuance of a warrant under the state consitution.
Can someone who has been sentenced in a Federal prision fight his case again?
My boyfriend got sentenced three months ago and his date to come out is until 2015, so I just want to know if there is anything I can do from the outside to shorten his time. The reason: He had weapons at home. and had one on him.Can someone who has been sentenced in a Federal prision fight his case again?
Get an atty and file an appeal.Can someone who has been sentenced in a Federal prision fight his case again?
The only way to have his case heard again is if there is new evidence that was not mentioned in original case, also if he can prove his defense lawyer was incompetent during the trial. The only way to shorten his time in prison is to be a ';Model Prisoner';.
He can still appeal it, he needs a good lawyer.
Has he appealed his sentence or the verdict?
If the appeal period had ended I don't think that it can go back to court unless new evidence is discovered and a new trial could be ordered.
If he has not filed an appeal by now it is too late to do so. He can still file a 2255. Contact an attorney, a different one than he had before.
Hire an attorney and file an appeal.
There isn't anything that you can do but he can shorten his sentence by keeping his nose clean, taking classes, or attending religious services. He can later as for a sentence reduction but will still probably have to serve at least half of his sentence.
Get an atty and file an appeal.Can someone who has been sentenced in a Federal prision fight his case again?
The only way to have his case heard again is if there is new evidence that was not mentioned in original case, also if he can prove his defense lawyer was incompetent during the trial. The only way to shorten his time in prison is to be a ';Model Prisoner';.
He can still appeal it, he needs a good lawyer.
Has he appealed his sentence or the verdict?
If the appeal period had ended I don't think that it can go back to court unless new evidence is discovered and a new trial could be ordered.
If he has not filed an appeal by now it is too late to do so. He can still file a 2255. Contact an attorney, a different one than he had before.
Hire an attorney and file an appeal.
There isn't anything that you can do but he can shorten his sentence by keeping his nose clean, taking classes, or attending religious services. He can later as for a sentence reduction but will still probably have to serve at least half of his sentence.
Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?
Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?
You must sue where the incident occurred.The respondent will have to appear where ever she/he is summoned.No federal court would apply.Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?
No. Sue in circuit court in NE and the defendant will have to travel there to respond. That is assuming the tort offense occurred in NE. If it occurred in LA, the case must be filed there. In either case it will not be heard in a federal court.
It can be heard in a Nebraska court, a Louisiana court or a federal court.
You must sue where the incident occurred.The respondent will have to appear where ever she/he is summoned.No federal court would apply.Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?
No. Sue in circuit court in NE and the defendant will have to travel there to respond. That is assuming the tort offense occurred in NE. If it occurred in LA, the case must be filed there. In either case it will not be heard in a federal court.
It can be heard in a Nebraska court, a Louisiana court or a federal court.
I am a federal employee and I'm getting screwed in a disability discrimination case. What can i do?
I've worked for the Dept of Defense 7 years. I recently filed an EEO complaint and ever since I've received numerous disiplinary actions and endless retaliation. I'm going insane and on the verge of losing my pension. What can I do? It's me against the US Federal Government! I can't afford an attorney and I'm having a hard time finding an attorney that will work on a contingency. Any advice would be greatly appreciated!I am a federal employee and I'm getting screwed in a disability discrimination case. What can i do?
ACLU should take care of that...contact them and your city attorney..I am a federal employee and I'm getting screwed in a disability discrimination case. What can i do?
call cnn. they love badmouthing the gov.
im sure this question is being monitored...be careful man!!
thanks for all your hard work anyways!!
ACLU should take care of that...contact them and your city attorney..I am a federal employee and I'm getting screwed in a disability discrimination case. What can i do?
call cnn. they love badmouthing the gov.
im sure this question is being monitored...be careful man!!
thanks for all your hard work anyways!!
Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?
Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?
You must sue where the incident occurred.The respondent will have to appear where ever she/he is summoned.No federal court would apply.Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?
No. Sue in circuit court in NE and the defendant will have to travel there to respond. That is assuming the tort offense occurred in NE. If it occurred in LA, the case must be filed there. In either case it will not be heard in a federal court.
It can be heard in a Nebraska court, a Louisiana court or a federal court.under eye concealer
You must sue where the incident occurred.The respondent will have to appear where ever she/he is summoned.No federal court would apply.Must a case in which a resident of nebraska sues a citizen of louisiana be heard in a federal court?
No. Sue in circuit court in NE and the defendant will have to travel there to respond. That is assuming the tort offense occurred in NE. If it occurred in LA, the case must be filed there. In either case it will not be heard in a federal court.
It can be heard in a Nebraska court, a Louisiana court or a federal court.
In an identity theft case, How much money is stolen before it becomes federal?
I need to find out when Identity theft becomes a US Federal Crime.In an identity theft case, How much money is stolen before it becomes federal?
It already is a federal crime.In an identity theft case, How much money is stolen before it becomes federal?
There is no dollar amount involved to make it federal. Instead, it is the use of federally insured banks, use of interstate electronic systems, use of a social security number, and such
Transferring a stolen pin number or other protection method (passwords, etc) across state lines makes it a federal crime even without any money being taken.
It already is a federal crime.In an identity theft case, How much money is stolen before it becomes federal?
There is no dollar amount involved to make it federal. Instead, it is the use of federally insured banks, use of interstate electronic systems, use of a social security number, and such
Transferring a stolen pin number or other protection method (passwords, etc) across state lines makes it a federal crime even without any money being taken.
Can a defendant's attorney take a case from circuit court under state law and bring it to Federal Court?
In a civil suit, if the claim or a counterclaim is based on federal law.Can a defendant's attorney take a case from circuit court under state law and bring it to Federal Court?
Not a criminal defendant, but a civil defendant can but not as a matter of right, but only if a federal question is involved. Diversity jurisdiction doesn't entitle a state civil litigant to remove the case without a federal question.Can a defendant's attorney take a case from circuit court under state law and bring it to Federal Court?
Yes, under diversity jurisdiction. That is: if all parties reside in different states and the matter in controversy exceeds $75k.
If it falls under Federal law, yes.
Not a criminal defendant, but a civil defendant can but not as a matter of right, but only if a federal question is involved. Diversity jurisdiction doesn't entitle a state civil litigant to remove the case without a federal question.Can a defendant's attorney take a case from circuit court under state law and bring it to Federal Court?
Yes, under diversity jurisdiction. That is: if all parties reside in different states and the matter in controversy exceeds $75k.
If it falls under Federal law, yes.
I think that most cases are tried in (state or federal) courts because...?
please and thanks!I think that most cases are tried in (state or federal) courts because...?
each case qualifies for one or the other or sometimes both depending on the charges.*
each case qualifies for one or the other or sometimes both depending on the charges.*
I am a federal employee and I'm getting screwed in a disability discrimination case. What can i do?
I've worked for the Dept of Defense 7 years. I recently filed an EEO complaint and ever since I've received numerous disiplinary actions and endless retaliation. I'm going insane and on the verge of losing my pension. What can I do? It's me against the US Federal Government! I can't afford an attorney and I'm having a hard time finding an attorney that will work on a contingency. Any advice would be greatly appreciated!I am a federal employee and I'm getting screwed in a disability discrimination case. What can i do?
ACLU should take care of that...contact them and your city attorney..I am a federal employee and I'm getting screwed in a disability discrimination case. What can i do?
call cnn. they love badmouthing the gov.
im sure this question is being monitored...be careful man!!
thanks for all your hard work anyways!!
ACLU should take care of that...contact them and your city attorney..I am a federal employee and I'm getting screwed in a disability discrimination case. What can i do?
call cnn. they love badmouthing the gov.
im sure this question is being monitored...be careful man!!
thanks for all your hard work anyways!!
How does a plaintiff decide between a State or Federal court for his/her case?
The differences between State and Federal criminal cases are not obvious. For example, bank robbery is Federal and drunk driving is State. However, if you get pulled over for drunk driving while on Federal property, it would be a Federal case as opposed to a State case.
Many narcotics cases can also be charged either by State or Federal authorities. For example, if the narcotics are bought and sold in the same state, the case is typically charged by the State. However, if narcotics are bought in one state and sold in another state, this is considered a conspiracy to transport and thus charged as a Federal case.
In most cases, the individual who is arrested will know where their case will be prosecuted. If they are arrested by federal authorities and taken to a federal detention center, the likelihood is that the case will be in federal court. If they are arrested by a local police department and taken to a city or county jail, they will most likely be prosecuted by the state.
Cases Usually Prosecuted in the State Courts:
Murder
Rape / Child molestation
Possession of controlled substances / Under the Influence
Domestic violence / Assault %26amp; battery
Robbery / Grand Theft / Shoplifting
Most misdemeanors
Cases Usually Prosecuted in the Federal Courts:
Smuggling controlled substances
Large quantity narcotic conspiracy cases
Bank robbery and bank fraud
Mail fraud / Theft from the mail
Bribery of public officials
Crimes committed on federal land
Crimes committed in one state with flight to anotherHow does a plaintiff decide between a State or Federal court for his/her case?
It's not up to the plaintiff, it's a matter of jurisdiction -- if the matter covers involves the laws of more than one state or has other subject matter jurisdiction, then it would be federal. Generally, if you're suing someone, i.e., you're the plaintiff, then you would be in state and county court.
Many narcotics cases can also be charged either by State or Federal authorities. For example, if the narcotics are bought and sold in the same state, the case is typically charged by the State. However, if narcotics are bought in one state and sold in another state, this is considered a conspiracy to transport and thus charged as a Federal case.
In most cases, the individual who is arrested will know where their case will be prosecuted. If they are arrested by federal authorities and taken to a federal detention center, the likelihood is that the case will be in federal court. If they are arrested by a local police department and taken to a city or county jail, they will most likely be prosecuted by the state.
Cases Usually Prosecuted in the State Courts:
Murder
Rape / Child molestation
Possession of controlled substances / Under the Influence
Domestic violence / Assault %26amp; battery
Robbery / Grand Theft / Shoplifting
Most misdemeanors
Cases Usually Prosecuted in the Federal Courts:
Smuggling controlled substances
Large quantity narcotic conspiracy cases
Bank robbery and bank fraud
Mail fraud / Theft from the mail
Bribery of public officials
Crimes committed on federal land
Crimes committed in one state with flight to anotherHow does a plaintiff decide between a State or Federal court for his/her case?
It's not up to the plaintiff, it's a matter of jurisdiction -- if the matter covers involves the laws of more than one state or has other subject matter jurisdiction, then it would be federal. Generally, if you're suing someone, i.e., you're the plaintiff, then you would be in state and county court.
If a case is dismissed and expunged at the state level would it be removed at the federal level?
I case was dismissed (non-conviction) and it was formally dismissed in a county in Ohio. This was 4 years ago, I requested an FBI background check and it's still showing up. Because the case was sealed/expunged wouldn't this be removed from an FBI check?If a case is dismissed and expunged at the state level would it be removed at the federal level?
The FBI records arrests. The state court can order its own records sealed, in sometimes can order the local sheriff or police to seal their own records, but if the FBI learned of the arrest in the ordinary course before the records were sealed, the state court has no authority to order the FBI to remove truthful information from its files or from its collective memory.If a case is dismissed and expunged at the state level would it be removed at the federal level?
Nope, the FBI isn't subject to orders from a state court.under eye concealer
The FBI records arrests. The state court can order its own records sealed, in sometimes can order the local sheriff or police to seal their own records, but if the FBI learned of the arrest in the ordinary course before the records were sealed, the state court has no authority to order the FBI to remove truthful information from its files or from its collective memory.If a case is dismissed and expunged at the state level would it be removed at the federal level?
Nope, the FBI isn't subject to orders from a state court.
Where can i find a lawyer in Los Angeles to help me with a Federal Workman's Comp. case?
I'm having trouble finding a lawyer to take on my Federal Workman's Comp. case, i need a lawyer who'll take the case and get paid after the case is won. I can't afford the $4,000.00 fee they want up front!Where can i find a lawyer in Los Angeles to help me with a Federal Workman's Comp. case?
check www.nolo.com or www.findlaw.com
check www.nolo.com or www.findlaw.com
Wondering how can you find what a status is with someone who is waiting on a federal case, info. about it ?
this case has been hush hush, and i want to know where it is at, and what is going on about it.. how can i find when the person is going to court, and more info about it...Wondering how can you find what a status is with someone who is waiting on a federal case, info. about it ?
You can call the United States District Clerk's office. They will be able to tell you.
You can call the United States District Clerk's office. They will be able to tell you.
What happens to a home when it is seized by the Federal Government in regards to a criminal Fed. Court Case?
There is a townhome in my neighborhood that was seized by the gov. because the homeowner was convicted of mail fraud. I don't understand why there was a sheriffs sale and a 6 mos. redemption period if it was seized to pay restitution. There wasn't a mortgage on the property, it was paid for. I thought in a Federal Forfeiture there was no redemption period? There is currently close to 100K in leins on the property, would those influence the type of sale on the property?What happens to a home when it is seized by the Federal Government in regards to a criminal Fed. Court Case?
Internal Revenue Code 搂7426(a)(1) provides:
Section 7426 permits a third party to bring an action challenging the lawfulness of governmental levies made against property in which he claims an interest. Interfirst Bank Dallas, N.A. v. United States [85-2 USTC 露9635 ], 769 F.2d 299, 304 (5th Cir. 1985), cert. denied, -- U.S. --, 106 S. Ct. 1458 (1986); see Crow v. Wyoming Timber Products Co. [70-2 USTC 露9561 ], 424 F.2d 93, 96 (10th Cir. 1970) (dictum).
Congress has specifically waived sovereign immunity for actions under 搂7426 through the enactment of 28 U.S.C. 搂1346(e). Thus to the extent that a party claiming an interest in property is aggrieved by the pendency of an existing lien, sovereign immunity is waived. See Three M Investments, Inc. v. United States [86-1 USTC 露9185 ], 781 F.2d 352, 354 (10th Cir. 1986).
This conclusion does not change merely because the district court exercised ancillary jurisdiction. Ancillary jurisdiction permits the district court to exercise the full range of its civil and criminal jurisdiction.
Federal law governs the priority of a tax lien against other claims to property. United States v. Equitable Life Assurance Society [66-1 USTC 露9444 ], 384 U.S. 323, 328 (1966). Where Congress has not prescribed a different priority rule, see I.R.C. 搂6323 , the basic rule is ';first in time is first in right.'; See United States v. City of New Britain [54-1 USTC 露9191 ], 347 U.S. 81, 85-86, (1954).
Therefore, a tax lien is junior to only those liens that not only attached to the asset, but also became sufficiently choate before the tax lien arose. See id. And choateness of a competing interest is also a matter of federal law. See United States v. Pioneer American Insurance Co. [63-2 USTC 露9532 ], 374 U.S. 84, 88-89 (1963).
What this means for your question is that IF the lien is attached to the seized property, it must be satisfied even before a U.S. IRS Tax lien.
A very good document to read on the issue of what happens to the property is here: http://www.usdoj.gov/ag/readingroom/seiz鈥?/a>What happens to a home when it is seized by the Federal Government in regards to a criminal Fed. Court Case?
Yes, They would.
Internal Revenue Code 搂7426(a)(1) provides:
Section 7426 permits a third party to bring an action challenging the lawfulness of governmental levies made against property in which he claims an interest. Interfirst Bank Dallas, N.A. v. United States [85-2 USTC 露9635 ], 769 F.2d 299, 304 (5th Cir. 1985), cert. denied, -- U.S. --, 106 S. Ct. 1458 (1986); see Crow v. Wyoming Timber Products Co. [70-2 USTC 露9561 ], 424 F.2d 93, 96 (10th Cir. 1970) (dictum).
Congress has specifically waived sovereign immunity for actions under 搂7426 through the enactment of 28 U.S.C. 搂1346(e). Thus to the extent that a party claiming an interest in property is aggrieved by the pendency of an existing lien, sovereign immunity is waived. See Three M Investments, Inc. v. United States [86-1 USTC 露9185 ], 781 F.2d 352, 354 (10th Cir. 1986).
This conclusion does not change merely because the district court exercised ancillary jurisdiction. Ancillary jurisdiction permits the district court to exercise the full range of its civil and criminal jurisdiction.
Federal law governs the priority of a tax lien against other claims to property. United States v. Equitable Life Assurance Society [66-1 USTC 露9444 ], 384 U.S. 323, 328 (1966). Where Congress has not prescribed a different priority rule, see I.R.C. 搂6323 , the basic rule is ';first in time is first in right.'; See United States v. City of New Britain [54-1 USTC 露9191 ], 347 U.S. 81, 85-86, (1954).
Therefore, a tax lien is junior to only those liens that not only attached to the asset, but also became sufficiently choate before the tax lien arose. See id. And choateness of a competing interest is also a matter of federal law. See United States v. Pioneer American Insurance Co. [63-2 USTC 露9532 ], 374 U.S. 84, 88-89 (1963).
What this means for your question is that IF the lien is attached to the seized property, it must be satisfied even before a U.S. IRS Tax lien.
A very good document to read on the issue of what happens to the property is here: http://www.usdoj.gov/ag/readingroom/seiz鈥?/a>What happens to a home when it is seized by the Federal Government in regards to a criminal Fed. Court Case?
Yes, They would.
What is a Prima facie case of Retaliation in Civil Lawsuit in either Federal Court or Circuit Court?
Best answer receives the points.What is a Prima facie case of Retaliation in Civil Lawsuit in either Federal Court or Circuit Court?
In defining the elements of a cause of action for a retaliatory hostile work environment, the court borrowed largely from existing hostile work environment jurisprudence, and held that a plaintiff must prove (1) that she suffered intentional discrimination (i.e., harassment) because of her protected activity; (2) the discrimination was severe or pervasive; (3) the discrimination detrimentally affected her; (4) it would have detrimentally affected a reasonable person in similar circumstances; and (5) a basis for employer liability is present.What is a Prima facie case of Retaliation in Civil Lawsuit in either Federal Court or Circuit Court?
Since you haven't described what the case is about, we can't really answer.
Prima facie means ';on the face'; or ';obvious at first examination';. A prima facie case of retaliation would be when you have evidence that clearly suggest that retaliation took place.
To establish a ';prima facie case'; means that you state evidence on each element of the claim. For example, to set out a prima facie case for fraud, you must set forth facts to show 1) a false statement knowingly made 2) reliance on the false statement, and 3) damages.
A prima facie case for ';retaliation'; depends on what law or statute you are relying on for your claim. For example, if the complaint falls under a federal statute protecting ';whistleblowers'; who report corruption in government, then you must state facts for each element specified in that statute.
Generally, you must have a statutory claim for ';retaliation';. That is, there is no 'common law' tort of retaliation, but specific state or federal laws give certain classes of persons a remedy. So, there are statutes protecting tenants from retaliatory eviction, the whisteblower statutes, etc.
Without knowing more facts than what you state here, we cannot tell you if a law even exists that fits the situation. To be able to do that, we need to know where you are and what the action was that caused the retaliation.
In defining the elements of a cause of action for a retaliatory hostile work environment, the court borrowed largely from existing hostile work environment jurisprudence, and held that a plaintiff must prove (1) that she suffered intentional discrimination (i.e., harassment) because of her protected activity; (2) the discrimination was severe or pervasive; (3) the discrimination detrimentally affected her; (4) it would have detrimentally affected a reasonable person in similar circumstances; and (5) a basis for employer liability is present.What is a Prima facie case of Retaliation in Civil Lawsuit in either Federal Court or Circuit Court?
Since you haven't described what the case is about, we can't really answer.
Prima facie means ';on the face'; or ';obvious at first examination';. A prima facie case of retaliation would be when you have evidence that clearly suggest that retaliation took place.
To establish a ';prima facie case'; means that you state evidence on each element of the claim. For example, to set out a prima facie case for fraud, you must set forth facts to show 1) a false statement knowingly made 2) reliance on the false statement, and 3) damages.
A prima facie case for ';retaliation'; depends on what law or statute you are relying on for your claim. For example, if the complaint falls under a federal statute protecting ';whistleblowers'; who report corruption in government, then you must state facts for each element specified in that statute.
Generally, you must have a statutory claim for ';retaliation';. That is, there is no 'common law' tort of retaliation, but specific state or federal laws give certain classes of persons a remedy. So, there are statutes protecting tenants from retaliatory eviction, the whisteblower statutes, etc.
Without knowing more facts than what you state here, we cannot tell you if a law even exists that fits the situation. To be able to do that, we need to know where you are and what the action was that caused the retaliation.
I need an attorney that CAN file a case in a federal court against the state of nevada?
The federal district courts have a separate admission process. Merely being a member of the State Bar of Nevada is not sufficient to practice in federal court. Be sure that the attorney you contact is admitted to practice in the federal district court that sits in Nevada.I need an attorney that CAN file a case in a federal court against the state of nevada?
Any licensed nevada attorney can do that. Contact the state bar of Nevada and ask for their referral service. They'll get some info. from you regarding the nature of your problem and will give you a list of appropriate attorneys. You can find them online at www.nvbar.org.
Any licensed nevada attorney can do that. Contact the state bar of Nevada and ask for their referral service. They'll get some info. from you regarding the nature of your problem and will give you a list of appropriate attorneys. You can find them online at www.nvbar.org.
Give two examples of cases the might be tried in federal court, and explain the rationale for having a federal
-A case involving parties of two different states. Diversity jurisdiction: parties of different states may have their case heard in federal court to avoid bias which may occur from having the case in the state of one of the parties.
-A case involving say $10,000. Amount in controversy jurisdiction: cases over a certain amount of money may be heard in federal courts.Give two examples of cases the might be tried in federal court, and explain the rationale for having a federal
The rationale for having a federal what?Give two examples of cases the might be tried in federal court, and explain the rationale for having a federal
1. Mail Fraud, because it is a federal crime, only (at least I don't know of any state's laws against mail fraud).
2. Operating an unlicensed radiotransmitter, because the Federal Communications Commission is in charge of the radio-frequencies, not the states.
Those are 2 good examples.
.under eye concealer
-A case involving say $10,000. Amount in controversy jurisdiction: cases over a certain amount of money may be heard in federal courts.Give two examples of cases the might be tried in federal court, and explain the rationale for having a federal
The rationale for having a federal what?Give two examples of cases the might be tried in federal court, and explain the rationale for having a federal
1. Mail Fraud, because it is a federal crime, only (at least I don't know of any state's laws against mail fraud).
2. Operating an unlicensed radiotransmitter, because the Federal Communications Commission is in charge of the radio-frequencies, not the states.
Those are 2 good examples.
.
Men, since sexual harassment is now literally a federal case, would you ever be alone with a woman at work?
The environment is so hostile now, I would request someone else to stay as a witness so she could not claim something happened.Men, since sexual harassment is now literally a federal case, would you ever be alone with a woman at work?
Sad but True. Some things you can never take too lightly, especially if she tries coming on to you and you deny her.. that can get ugly.
But then there's the ones that if a guy boss comes onto a female worker and says ';you'll get promoted if you do this';
People are becoming more and more evil and manipulative.. Where were their parents?!Men, since sexual harassment is now literally a federal case, would you ever be alone with a woman at work?
not all people are like that ,,sometimes you do have to work alone with woman or men for that matter,, i would just go about my work business like any other day
Sad but True. Some things you can never take too lightly, especially if she tries coming on to you and you deny her.. that can get ugly.
But then there's the ones that if a guy boss comes onto a female worker and says ';you'll get promoted if you do this';
People are becoming more and more evil and manipulative.. Where were their parents?!Men, since sexual harassment is now literally a federal case, would you ever be alone with a woman at work?
not all people are like that ,,sometimes you do have to work alone with woman or men for that matter,, i would just go about my work business like any other day
Mom is making a federal case?
my mom left me a voice mail over the phone. she said she was sending 3 law enforcement agencies including the feds after me. we have not been getting along for 8 years every once in a while i leave not threatening messages on their answering machine. on new years eve i did the same. on new years morning she left me the 3 law enforcement agencies including the feds message (we live in different states). is she full of ****? if the police were handling it and tapes etc. were being made, why would she leave me a message like that?Mom is making a federal case?
I doubt this is even a real question.Mom is making a federal case?
Not sure if she is full of crap or not guess you will wait and see. If you don't live with your mom why are you guys fighting like that and why do you give her so much hell? You don't live together either get along or move on with your life. Life is to short to be dealing with all the BS.
why would you leave messages like that. Even though you dont like her she is still your mother, you came out off her p****y. so respect her and that might be the case she is sick of you leaving disturbing viocemails, or maybe shes saying that to give you a warning.
if she said she was sending them, guess she is sending them.
you can leave or go, you know they are going to be there.
guess you have a problem now, don't you.
is she full of ****? who knows, the question is, are you willing to risk it?
I doubt this is even a real question.Mom is making a federal case?
Not sure if she is full of crap or not guess you will wait and see. If you don't live with your mom why are you guys fighting like that and why do you give her so much hell? You don't live together either get along or move on with your life. Life is to short to be dealing with all the BS.
why would you leave messages like that. Even though you dont like her she is still your mother, you came out off her p****y. so respect her and that might be the case she is sick of you leaving disturbing viocemails, or maybe shes saying that to give you a warning.
if she said she was sending them, guess she is sending them.
you can leave or go, you know they are going to be there.
guess you have a problem now, don't you.
is she full of ****? who knows, the question is, are you willing to risk it?
If a refugee case is allowed to be reheard by the federal court of canada, which are the success rates?
The success rates for the federal court if really low, however, I found no information about the rate for those few cases who are allow to have their refugee case reheard.If a refugee case is allowed to be reheard by the federal court of canada, which are the success rates?
normally it it failed in lower courts it be upheld in the high court.
normally it it failed in lower courts it be upheld in the high court.
How long does it take for a case to move through the federal 9th circuit courts and the U.S. Supreme court?
Depends on what powers want see it resolved. If the President himself takes a special interests in it, it can move rather quickly.
Who has jurisdiction to try a case where a misdemeanor crime is committed on federal property in a small town?
For example, a person is charged with larceny for taking money out of a donation jar at a post office, which court will process the case first?Who has jurisdiction to try a case where a misdemeanor crime is committed on federal property in a small town?
To clear up a few small points....the case wouldn't be heard in a civil court at all as it's a criminal matter.
As for the question, it depends.
For a strict book answer, since the crime was committed on federal property, the federal government has jurisdiction thus the case would be heard in the federal courts.
In practicality, most federal facilities have agreements providing for concurrent jurisdiction with local law enforcement agencies. Which means a petty offense that the U.S. Attorney's office wasn't interested in would be turned over to the local authorities to be prosecuted at the state level.Who has jurisdiction to try a case where a misdemeanor crime is committed on federal property in a small town?
Wherever the crime happened is where it would be heard. It will be heard in that town or state and it can be held in a normal civil court which can do the sentencing to a federal.
To clear up a few small points....the case wouldn't be heard in a civil court at all as it's a criminal matter.
As for the question, it depends.
For a strict book answer, since the crime was committed on federal property, the federal government has jurisdiction thus the case would be heard in the federal courts.
In practicality, most federal facilities have agreements providing for concurrent jurisdiction with local law enforcement agencies. Which means a petty offense that the U.S. Attorney's office wasn't interested in would be turned over to the local authorities to be prosecuted at the state level.Who has jurisdiction to try a case where a misdemeanor crime is committed on federal property in a small town?
Wherever the crime happened is where it would be heard. It will be heard in that town or state and it can be held in a normal civil court which can do the sentencing to a federal.
What is the appeals process on the federal level on a criminal defense case?
If you can't afford a lawyer, get friendly with a jailhouse lawyer, and be prepared to pay whatever he demands.What is the appeals process on the federal level on a criminal defense case?
There are two types of federal level appeals-direct and collateral. A direct appeal would follow from a conviction in federal court. There are also some direct appeals from state court convictions. This occurs when all state court appeals have been exhausted and the defendant appeals directly to the United States Supreme Court on an issue of US Constitutional Law. A direct appeal is more common in capital cases then other types of criminal cases. Collateral appeal occurs when the defendant has exhausted all state appellate rights and post conviction proceedings. Collateral appeal is often refered to as Habeas Corpus and is a civil, not a criminal, matter. A writ of Habeas Corpus is a civil action filed against the warden of the prison in which the defendant is housed. It alleges that the defendant is being held illegally. Habeas petitioners must show cause and prejudice to be heard in federal court. Collateral appeal begins in the federal district court and may proceed to the federal circuit court of appeals and then to the United States Supreme Court. If you are looking at a federal court criminal opinion, if the caption is Crawford v. Washington, that is a direct appeal from a state court. If it is Gideon v. Wainwright, that is a collateral appeal from a state court. If it is Smith v. United States that is a direct appeal from a federal court. There is no right of collateral appeal from a federal criminal court verdict.What is the appeals process on the federal level on a criminal defense case?
An appeal from a trial court (the U.S. District Court) is possible, assuming proper notices are timely filed. That appeal is to the U.S. Circuit Court of Appeals that covers the District Court in which the conviction was obtained.under eye concealer
There are two types of federal level appeals-direct and collateral. A direct appeal would follow from a conviction in federal court. There are also some direct appeals from state court convictions. This occurs when all state court appeals have been exhausted and the defendant appeals directly to the United States Supreme Court on an issue of US Constitutional Law. A direct appeal is more common in capital cases then other types of criminal cases. Collateral appeal occurs when the defendant has exhausted all state appellate rights and post conviction proceedings. Collateral appeal is often refered to as Habeas Corpus and is a civil, not a criminal, matter. A writ of Habeas Corpus is a civil action filed against the warden of the prison in which the defendant is housed. It alleges that the defendant is being held illegally. Habeas petitioners must show cause and prejudice to be heard in federal court. Collateral appeal begins in the federal district court and may proceed to the federal circuit court of appeals and then to the United States Supreme Court. If you are looking at a federal court criminal opinion, if the caption is Crawford v. Washington, that is a direct appeal from a state court. If it is Gideon v. Wainwright, that is a collateral appeal from a state court. If it is Smith v. United States that is a direct appeal from a federal court. There is no right of collateral appeal from a federal criminal court verdict.What is the appeals process on the federal level on a criminal defense case?
An appeal from a trial court (the U.S. District Court) is possible, assuming proper notices are timely filed. That appeal is to the U.S. Circuit Court of Appeals that covers the District Court in which the conviction was obtained.
Looking for free down load for a federal court case in 1987?
I'M LOOKING FOR THE FEDERAL COURT RECORDS OF A CASE IN 1987 TACOMA,WA JUDGE TANNER PERSIDING. WHERE CAN I GET A FREE DOWN LOAD OF THE CASE OR ACTUAL COURT RECORDS?Looking for free down load for a federal court case in 1987?
You can't.
You can't.
What kind of lawyer do i need to get to fight a sexual harassment case against a federal facility?
I deal in this field, but answer a couple of questions for me. By sexual harassment, do mean the guys are asking you for a date, or do you mean that someone at your work place is making direct sexual verbal expressions or even touching you in a way that can only be described as sexual. Before I can give you an answer and direct you to the correct type of lawyer, I need your answer to those questions.
I am not asking these questions from a prurient point of view, but merely trying to get to a point where I can advise you. When you say ';laid his hands on you';, do you mean in a way that could be considered ';fondling'; or do you mean that he perhaps touched your arm the way some people that are touchy,touchy do. I am not keen on it myself but some folks have to touch you when they are speaking to you. These are the sort of questions that will be asked of you in a court and a lot more intimate questions will be put to you. So if you can answer those couple of questions, honestly and factually, then I think I can help you.What kind of lawyer do i need to get to fight a sexual harassment case against a federal facility?
One with experience in that field. A labor lawyer, usually, since sexual harassment involves employment.What kind of lawyer do i need to get to fight a sexual harassment case against a federal facility?
One with an endless supply of money like their opponent has.
I am not asking these questions from a prurient point of view, but merely trying to get to a point where I can advise you. When you say ';laid his hands on you';, do you mean in a way that could be considered ';fondling'; or do you mean that he perhaps touched your arm the way some people that are touchy,touchy do. I am not keen on it myself but some folks have to touch you when they are speaking to you. These are the sort of questions that will be asked of you in a court and a lot more intimate questions will be put to you. So if you can answer those couple of questions, honestly and factually, then I think I can help you.What kind of lawyer do i need to get to fight a sexual harassment case against a federal facility?
One with experience in that field. A labor lawyer, usually, since sexual harassment involves employment.What kind of lawyer do i need to get to fight a sexual harassment case against a federal facility?
One with an endless supply of money like their opponent has.
What is the hierarchial organization of the federal courts and when and how they may review state cases?
Federal Courts are divided as follows: District Courts (like state trial courts) then Appellate Court (like state Court of Appeals) and then the Supreme Court (the one and only.)
As stated before, state Supreme Courts are directly appeallable to the Supreme Court HOWEVER that doesnt mean they will be granted cert.
I believe there are other cases in which state claims are directly appealable but I don't know off the top of my head.What is the hierarchial organization of the federal courts and when and how they may review state cases?
http://www.uscourts.gov
http://www.supremecourtus.gov
Any case from the highest state court can be appealed directly to the Supreme Court.
As stated before, state Supreme Courts are directly appeallable to the Supreme Court HOWEVER that doesnt mean they will be granted cert.
I believe there are other cases in which state claims are directly appealable but I don't know off the top of my head.What is the hierarchial organization of the federal courts and when and how they may review state cases?
http://www.uscourts.gov
http://www.supremecourtus.gov
Any case from the highest state court can be appealed directly to the Supreme Court.
Constitution of the united states provides that federal courts have jurisdiction in all cases that involve?
first degree murder
traffic violations
the law of united states
cimpulsory education lawConstitution of the united states provides that federal courts have jurisdiction in all cases that involve?
The law of the United States.
All the other matters are for the State Courts.
Richard
traffic violations
the law of united states
cimpulsory education lawConstitution of the united states provides that federal courts have jurisdiction in all cases that involve?
The law of the United States.
All the other matters are for the State Courts.
Richard
Does the U.S. Supreme Court have the power to send cases that come before it to lesser federal judicial courts
Don't you have to work your way up in the court system in order for the U.S. Supreme Court to hear the case??
Source: Perry Mason rerunsDoes the U.S. Supreme Court have the power to send cases that come before it to lesser federal judicial courts
If the case was appealed to it from a lower Federal Court it has the power to ';remand'; it back to the lower court for further proceedings.
If a case is improperly brought before it that should have been brought to a lower Federal Court, it would normally dismiss the case for lack of jurisdiction, and *may* issue a statement of the grounds for its ruling that the case should have been brought to the lower court.Does the U.S. Supreme Court have the power to send cases that come before it to lesser federal judicial courts
They can RETURN a case to a lower court and order the court to reconsider their original ruling. They can't send the case to a lower court that has not previously considered the case.
The Supreme Court is the ONLY Federal court established by the Constitution. All other Federal courts are establish by Congress under authority granted by the Constitution. These courts have only the authority granted by Congress and can be eliminated by Congress.
Usually its the other way around. Cases come before it that were tried in lesser courts. The Supreme Court can decide not to take the case, which is saying that they are OK with the lesser courts ruling.
The US Supreme Court can rule that a lesser court must hear the case again.
yes 1st guy nailed it give him the ten
Source: Perry Mason rerunsDoes the U.S. Supreme Court have the power to send cases that come before it to lesser federal judicial courts
If the case was appealed to it from a lower Federal Court it has the power to ';remand'; it back to the lower court for further proceedings.
If a case is improperly brought before it that should have been brought to a lower Federal Court, it would normally dismiss the case for lack of jurisdiction, and *may* issue a statement of the grounds for its ruling that the case should have been brought to the lower court.Does the U.S. Supreme Court have the power to send cases that come before it to lesser federal judicial courts
They can RETURN a case to a lower court and order the court to reconsider their original ruling. They can't send the case to a lower court that has not previously considered the case.
The Supreme Court is the ONLY Federal court established by the Constitution. All other Federal courts are establish by Congress under authority granted by the Constitution. These courts have only the authority granted by Congress and can be eliminated by Congress.
Usually its the other way around. Cases come before it that were tried in lesser courts. The Supreme Court can decide not to take the case, which is saying that they are OK with the lesser courts ruling.
The US Supreme Court can rule that a lesser court must hear the case again.
yes 1st guy nailed it give him the ten
In order for a federal court to have jurisdiction over a civil case the case must involve one of two things?
In order for a federal court to have jurisdiction over a civil case the case must involve one of two things. Describe them.In order for a federal court to have jurisdiction over a civil case the case must involve one of two things?
Diversity of citizenship - one of the parties is from out of state
Cases that raise a federal question - cases that involve the United States government, the United States Constitution or federal laws, or controversies between states or between the United States and foreign governments.
Also, a case can be moved from state to federal court if the plaintiff is seeking more than $75,000 in damages (but that does not always happen).In order for a federal court to have jurisdiction over a civil case the case must involve one of two things?
i bet prof milliken knows that one
I'm sure there is a good explaination in your textbook.under eye concealer
Diversity of citizenship - one of the parties is from out of state
Cases that raise a federal question - cases that involve the United States government, the United States Constitution or federal laws, or controversies between states or between the United States and foreign governments.
Also, a case can be moved from state to federal court if the plaintiff is seeking more than $75,000 in damages (but that does not always happen).In order for a federal court to have jurisdiction over a civil case the case must involve one of two things?
i bet prof milliken knows that one
I'm sure there is a good explaination in your textbook.
What is definition of Prima facie case, res ipsa loquitur case, in Civil Lawsuit in Federal or Circuit Court?
Best answer receives the points.What is definition of Prima facie case, res ipsa loquitur case, in Civil Lawsuit in Federal or Circuit Court?
Prima Facie - each tort has a set of element that must be proven. If you can demonstrate each and every element, you have a prima facie case. For example, the tort of battery: you must prove
1. volitional act
2. intent to touch in a harmful or offensive manner
3. actual touching of the body of the plaintiff (or something closely attached thereto)
4. causation
Res Ipsa Loquitur - latin for ';the thing speaks for itself';
Res Ipsa Loquitur is a special kind of circumstantial evidence that allows the jury to make an inference of negligence in the absence of any actual evidence. In order to invoke R.I.L, there must be an accident of the kind that does not normally occur without negligence, the negligence was probably that of the defendent (the instrumentality was exclusively in the control of the defendant), and the plaintiff did not contribute to the accident. R.I.L. is used as a last resort - and it is only evidence of negligence, not proof.What is definition of Prima facie case, res ipsa loquitur case, in Civil Lawsuit in Federal or Circuit Court?
search the phrase on the net
Prima facie case is, such as will prevail contradicted and overcome by other evidence. a case which has proceded upon sufficient proof to that stage where it will support finding if evidence to contrary is disregarded. A prima facie case consists of sufficient evidence in the type of case to get plainiff past a motion for directed verdict in a jury case or motion to dismiss in nonjury case; it is the evidence necessary to require defendent to proceed with their case.
res ipsa loquitor: The thing speaks for itself. Rebuttable presumption or inference that defendant was negligent, which arises upon proof that instrumentality causing injury was in defendent's exclusive contol, and that the accident was one which ordinarily does not happen in absence of negligence.
Prima Facie - each tort has a set of element that must be proven. If you can demonstrate each and every element, you have a prima facie case. For example, the tort of battery: you must prove
1. volitional act
2. intent to touch in a harmful or offensive manner
3. actual touching of the body of the plaintiff (or something closely attached thereto)
4. causation
Res Ipsa Loquitur - latin for ';the thing speaks for itself';
Res Ipsa Loquitur is a special kind of circumstantial evidence that allows the jury to make an inference of negligence in the absence of any actual evidence. In order to invoke R.I.L, there must be an accident of the kind that does not normally occur without negligence, the negligence was probably that of the defendent (the instrumentality was exclusively in the control of the defendant), and the plaintiff did not contribute to the accident. R.I.L. is used as a last resort - and it is only evidence of negligence, not proof.What is definition of Prima facie case, res ipsa loquitur case, in Civil Lawsuit in Federal or Circuit Court?
search the phrase on the net
Prima facie case is, such as will prevail contradicted and overcome by other evidence. a case which has proceded upon sufficient proof to that stage where it will support finding if evidence to contrary is disregarded. A prima facie case consists of sufficient evidence in the type of case to get plainiff past a motion for directed verdict in a jury case or motion to dismiss in nonjury case; it is the evidence necessary to require defendent to proceed with their case.
res ipsa loquitor: The thing speaks for itself. Rebuttable presumption or inference that defendant was negligent, which arises upon proof that instrumentality causing injury was in defendent's exclusive contol, and that the accident was one which ordinarily does not happen in absence of negligence.
What takes a drug case from a state level to a federal level?
Do you have to do your time to the door or can you get good days and be let out early?What takes a drug case from a state level to a federal level?
when it comes to transferring a case to federal level its gonna depend on what kind of drug and how much of it was confiscated. also it will depend on the suspect whether they have a long rap sheet. also if your local D.A. is no good then sometimes the feds will pick up the case.What takes a drug case from a state level to a federal level?
Most drug-related offenses violate both state and federal laws, so it's just a question of who wants to prosecute. The police will usually inform both, and then they can decide.
Well, I suppose that would depend. If you took asprin, you should have read the warning labels, and WOW watch out 4 that xlax stuff, it makes your poop go to soup level!!!!!
Your question is asking two different things. Where I am, as the officer above said, it is usually up to the feds to look at cases pending and see if they want to charge on them. With dual sovereignty someone could be tried under both systems.
Where I am, there is a 50/50 good time if the time is being served for a misdemeanor. A misdemeanor sentence of 12 months means they will serve 6 months on that misdemeanor.
With the abolition of parole in this state, felony time means the person does at least 85% of the sentence on those felony charges.
I don鈥檛 know how federal time is calculated.
when it comes to transferring a case to federal level its gonna depend on what kind of drug and how much of it was confiscated. also it will depend on the suspect whether they have a long rap sheet. also if your local D.A. is no good then sometimes the feds will pick up the case.What takes a drug case from a state level to a federal level?
Most drug-related offenses violate both state and federal laws, so it's just a question of who wants to prosecute. The police will usually inform both, and then they can decide.
Well, I suppose that would depend. If you took asprin, you should have read the warning labels, and WOW watch out 4 that xlax stuff, it makes your poop go to soup level!!!!!
Your question is asking two different things. Where I am, as the officer above said, it is usually up to the feds to look at cases pending and see if they want to charge on them. With dual sovereignty someone could be tried under both systems.
Where I am, there is a 50/50 good time if the time is being served for a misdemeanor. A misdemeanor sentence of 12 months means they will serve 6 months on that misdemeanor.
With the abolition of parole in this state, felony time means the person does at least 85% of the sentence on those felony charges.
I don鈥檛 know how federal time is calculated.
What is the federal case law?
The USA has a Federal Case Law --what would it be?What is the federal case law?
Case law is where a decision was made by a court/judge in the past and is then used to determine similar cases in the future. e.g. A taxi driver overchaged a customer on purpose. The customer, knowing that this was too much, paid it because he felt sorry for the driver. A judge decided that this was theft (not fraud, because the customer was not deceived). Any similar cases that came up after that were subsequently found guilty of theft.
There are lots of case law relating to different offences.
Hope this makes sense.What is the federal case law?
Case law is the law as interpreted by judges and stated in their appeals decsions.
Federal case law is the law applied by federal courts - district courts, courts of appeals and the US Supreme Court - in instances where the state law does not apply.
Deciding when the federal courts will apply state or fed law is one of the thorny issues hashed out in a decision.
District Court decisions can be found in the ';Federal Supplent'; reporter (';F. Supp.';); Circuit Court of Appeals cases are in the Federal Reporter (';F.3d'; - Federal Reporter, thrid series); Supreme Court cases are found in the US Supreme Court Reporter (';US';).
Case law is where a decision was made by a court/judge in the past and is then used to determine similar cases in the future. e.g. A taxi driver overchaged a customer on purpose. The customer, knowing that this was too much, paid it because he felt sorry for the driver. A judge decided that this was theft (not fraud, because the customer was not deceived). Any similar cases that came up after that were subsequently found guilty of theft.
There are lots of case law relating to different offences.
Hope this makes sense.What is the federal case law?
Case law is the law as interpreted by judges and stated in their appeals decsions.
Federal case law is the law applied by federal courts - district courts, courts of appeals and the US Supreme Court - in instances where the state law does not apply.
Deciding when the federal courts will apply state or fed law is one of the thorny issues hashed out in a decision.
District Court decisions can be found in the ';Federal Supplent'; reporter (';F. Supp.';); Circuit Court of Appeals cases are in the Federal Reporter (';F.3d'; - Federal Reporter, thrid series); Supreme Court cases are found in the US Supreme Court Reporter (';US';).
Can you sue the defendants lawyers in federal court for concealing evidence in a state case?
In a civil rights case, don't both parties the plaintiff and the defendants have to disclose all the evidence that they have in the case. Can I sue the defendants lawyers for concealing evidence?Can you sue the defendants lawyers in federal court for concealing evidence in a state case?
Not sure exactly what evidence the defense would be required to share..the prosecution is obligated to share any exculpitory evidence they might have, along with evidence they intend to introduce at trial,and a list of witnesses to be called..the defense normally dosent have a obligation to disclose much that they might have (theres a few laws PROHIBITTING it in fact, along with a constitutional right against self incrimination) so unless the defense knowingly suborned purgery ,Thier probably safe. If they knowingly allowed a false evidence or testimony,then you might have something to move on to the court or ethics committee..Part of the defenses job is basicly ,concealing evidence,thats one of the problems with our legal system.Can you sue the defendants lawyers in federal court for concealing evidence in a state case?
You first of all have to prove that it exists.
How would you do this?
Then you have to prove that the lawyers have seen it.
How would you prove this?
Then you have to prove that the lawyers concealed it?
How do you prove this?
How would you prove that you how you know this evidence exists?
You would also have to show that had this evidence been disclosed, the judgement would have been in your favour.
It is difficult to sue lawyers..
There is no rule regarding mandatory disclosure of evidence in all courts. Federal courts have more broad disclosure rules than state courts, but if your lawyer doesn't ask the right questions during discovery, you might get blindsided at trial. It might be your attorney's fault. Also, in some states (California) there's a litigation privilege which prevents subsequent suits based on conduct during a prior trial.
Dana (attorney)
Unless the defendant is the Government, I don't believe they have to disclose anything to you. Discovery is part of your atty's job in the course of the suit. They are under no obligation to hand you information that will hurt their case unless under supoena
Your assumption that there is some general rule that requires voluntary disclosure of everything known to each of the parties is incorrect. There are many rules of discovery but none so broad as you suggest. Suing someone in federal court generally requires a federal cause of action. No federal law governs the disclosure of evidence in a state civil action.
federal laws do not state that evidence can be opened. They do allow some to be conceealed, but it is at the judges discernment if concealed evidence can be requested or not. Filing suit against the defences attorney will not hold.
You have to prove the evidence exists. If the Judge has already made a ruling, then the case is put to rest. Good Luck.
Not sure exactly what evidence the defense would be required to share..the prosecution is obligated to share any exculpitory evidence they might have, along with evidence they intend to introduce at trial,and a list of witnesses to be called..the defense normally dosent have a obligation to disclose much that they might have (theres a few laws PROHIBITTING it in fact, along with a constitutional right against self incrimination) so unless the defense knowingly suborned purgery ,Thier probably safe. If they knowingly allowed a false evidence or testimony,then you might have something to move on to the court or ethics committee..Part of the defenses job is basicly ,concealing evidence,thats one of the problems with our legal system.Can you sue the defendants lawyers in federal court for concealing evidence in a state case?
You first of all have to prove that it exists.
How would you do this?
Then you have to prove that the lawyers have seen it.
How would you prove this?
Then you have to prove that the lawyers concealed it?
How do you prove this?
How would you prove that you how you know this evidence exists?
You would also have to show that had this evidence been disclosed, the judgement would have been in your favour.
It is difficult to sue lawyers..
There is no rule regarding mandatory disclosure of evidence in all courts. Federal courts have more broad disclosure rules than state courts, but if your lawyer doesn't ask the right questions during discovery, you might get blindsided at trial. It might be your attorney's fault. Also, in some states (California) there's a litigation privilege which prevents subsequent suits based on conduct during a prior trial.
Dana (attorney)
Unless the defendant is the Government, I don't believe they have to disclose anything to you. Discovery is part of your atty's job in the course of the suit. They are under no obligation to hand you information that will hurt their case unless under supoena
Your assumption that there is some general rule that requires voluntary disclosure of everything known to each of the parties is incorrect. There are many rules of discovery but none so broad as you suggest. Suing someone in federal court generally requires a federal cause of action. No federal law governs the disclosure of evidence in a state civil action.
federal laws do not state that evidence can be opened. They do allow some to be conceealed, but it is at the judges discernment if concealed evidence can be requested or not. Filing suit against the defences attorney will not hold.
You have to prove the evidence exists. If the Judge has already made a ruling, then the case is put to rest. Good Luck.
Can the state of Kentucky use a federal plea against someone in a state case?
I intered a guilty plea in federal court and served 30 months. Now the state of Kentucky has filed an indictment 3 months after I was released from Federal Prison charging me with the same two offenses, and are trying to extradite me from Maryland. The FBI has all the physical evidence so I presume Kentucky must be using the federal plea againts me. Can they do that in Kentucky without any physical evidence againts me?Can the state of Kentucky use a federal plea against someone in a state case?
Yes. If the plea contains an admission to certain conduct, and that conduct may form the basis for the charges in the state's case, they can use it as a declaration against interest, an exception to the hearsay rule.
Yes. If the plea contains an admission to certain conduct, and that conduct may form the basis for the charges in the state's case, they can use it as a declaration against interest, an exception to the hearsay rule.
Mom is making a federal case?
they were nice, non threatning voice mails. no swear words, no nothing. a was a little drunk, but that should not send me away to a federal prison, should it? my mom lied and said she loved me and she didn't. i busted her out on that and she does not like it. shes gotta pay. these voicemails are part of it. isnt that what vic mackey would do?Mom is making a federal case?
i don't get it, who is vic mackey?Mom is making a federal case?
First, I have no idea what you're talking about . . . next, what's ';nice and non threatening'; to one person may not be so to the other.
Why you're trying to bust her for not loving you, I don't know. It sounds to me like you're doing your level best to be as ';unlovable'; as you possibly could be. Give it some thought while you're sitting in the pokey, huh?
vic mackay would never do such a thing! who is vic mackay anyway?
huh
what?under eye concealer
i don't get it, who is vic mackey?Mom is making a federal case?
First, I have no idea what you're talking about . . . next, what's ';nice and non threatening'; to one person may not be so to the other.
Why you're trying to bust her for not loving you, I don't know. It sounds to me like you're doing your level best to be as ';unlovable'; as you possibly could be. Give it some thought while you're sitting in the pokey, huh?
vic mackay would never do such a thing! who is vic mackay anyway?
huh
what?
Is there really a Federal Court case about Obama's non-Natural Born US citizenship or Hoax?
Is the case an Internet hoax or an actual filing as this site claims?
http://dockets.justia.com/docket/court-p鈥?/a>
http://www.obamacrimes.com/
Can anyone here access the docket for eastern pa?
Is there really a Federal Court case about Obama's non-Natural Born US citizenship or Hoax?
It's a real case but the guy behind it, Berg, is a joke.Is there really a Federal Court case about Obama's non-Natural Born US citizenship or Hoax?
there is a filing by this joker Berg who has no credibility at all
this moron is the same one who filed a lawsuit claiming that 9/11 was an inside job
Just a waste of the court's time.
Last time I looked HI was the 50th state in the union and regardless of that, Obama's mother was a US citizen having been born in KS. that alone would have made him a US citizen.
Anybody can file. That doesn't give it credibility.
Look, even Michelle Malkin has dropped the 'birth certificate' question. It was debunked months ago. See http://www.factcheck.org/elections-2008/鈥?/a>
Some idiot filed a case, but it won't go anywhere:
Obama was born in the united states, McCain wasn't.
internet hoax
it is real
http://dockets.justia.com/docket/court-p鈥?/a>
http://www.obamacrimes.com/
Can anyone here access the docket for eastern pa?
Is there really a Federal Court case about Obama's non-Natural Born US citizenship or Hoax?
It's a real case but the guy behind it, Berg, is a joke.Is there really a Federal Court case about Obama's non-Natural Born US citizenship or Hoax?
there is a filing by this joker Berg who has no credibility at all
this moron is the same one who filed a lawsuit claiming that 9/11 was an inside job
Just a waste of the court's time.
Last time I looked HI was the 50th state in the union and regardless of that, Obama's mother was a US citizen having been born in KS. that alone would have made him a US citizen.
Anybody can file. That doesn't give it credibility.
Look, even Michelle Malkin has dropped the 'birth certificate' question. It was debunked months ago. See http://www.factcheck.org/elections-2008/鈥?/a>
Some idiot filed a case, but it won't go anywhere:
Obama was born in the united states, McCain wasn't.
internet hoax
it is real
Can state law and case law be cited in federal civil rights pleadings?
Also, do you need to cite either a statute or a case with each claim you make in a pleading (i.e., statute regarding the court's jurisdiction, case law about including additional defendants)? Thank you.Can state law and case law be cited in federal civil rights pleadings?
Its a difficult question coz if its criminal or taxation, the law is the same all over the country. All that differs is the mandatory punishment for a breach of. Building and municipality laws involving zoning and stuff are governed by state law so there may be differences. You'll need to consult a lawyer or come back with more details
Its a difficult question coz if its criminal or taxation, the law is the same all over the country. All that differs is the mandatory punishment for a breach of. Building and municipality laws involving zoning and stuff are governed by state law so there may be differences. You'll need to consult a lawyer or come back with more details
What case law is considered binding on the federal district court for the Northern District of IL?
I'm doing an analysis on a contracts case. What is considered binding and what is considered persuasive? Are either IL state laws or caselaw binding/persuasive?What case law is considered binding on the federal district court for the Northern District of IL?
Since contracts are normally state law, then IL state laws and IL supreme court is supposed to be binding. Along with US Supreme Court, of course, if it had ruled on IL law.
Since contracts are normally state law, then IL state laws and IL supreme court is supposed to be binding. Along with US Supreme Court, of course, if it had ruled on IL law.
Was the OJ Simpson trial a federal case?
please answer ASAP cuz i need it for homework!Was the OJ Simpson trial a federal case?
Neither the murder trial in California or the burglary trial in Nevada were Federal Court cases. Was the OJ Simpson trial a federal case?
If you are talking about the Las Vegas trial.
No. It was a District Court case. Judge Jackie Glass is a District Court Judge, not Federal.
District Court in Nevada is the same as Superior Courts in some states. They are county courts
No. While murder is a crime that can be charged in Federal Courts, most murders are tried in local or state courts, not Federal Courts. OF was most definitely not tried in a Federal Court, as a previous answerer has explained. :)
What he did was a federal offense by murdering somebody so I would say yes.
If you are referring to his first trial, it was a capital offense
I pretty sure that's what my History teacher told me.
Neither the murder trial in California or the burglary trial in Nevada were Federal Court cases. Was the OJ Simpson trial a federal case?
If you are talking about the Las Vegas trial.
No. It was a District Court case. Judge Jackie Glass is a District Court Judge, not Federal.
District Court in Nevada is the same as Superior Courts in some states. They are county courts
No. While murder is a crime that can be charged in Federal Courts, most murders are tried in local or state courts, not Federal Courts. OF was most definitely not tried in a Federal Court, as a previous answerer has explained. :)
What he did was a federal offense by murdering somebody so I would say yes.
If you are referring to his first trial, it was a capital offense
I pretty sure that's what my History teacher told me.
What is a federal court case?
What exactly is a federal court case and how is it different from other cases? Thank youWhat is a federal court case?
It is a case brought in federal district court. These courts are different from state courts in that they only have limited jurisdiction. They can hear cases in only two circumstances:
1. The case is based on federal law
2. The case is between parties that are from different states and the amount in controversy is over $40,000 (it may be a different amount now..i haven't kept up with it)
State cases can hear pretty much any claim based on state or federal law unless the federal statute give the federal court exclusive jurisdiction.
The difference between the two in terms of practical issues is that federal cases move much faster than state cases. The courts are not nearly as busy either.
It is a case brought in federal district court. These courts are different from state courts in that they only have limited jurisdiction. They can hear cases in only two circumstances:
1. The case is based on federal law
2. The case is between parties that are from different states and the amount in controversy is over $40,000 (it may be a different amount now..i haven't kept up with it)
State cases can hear pretty much any claim based on state or federal law unless the federal statute give the federal court exclusive jurisdiction.
The difference between the two in terms of practical issues is that federal cases move much faster than state cases. The courts are not nearly as busy either.
Response Time in Federal Court Case ?
I had sued my previous company for federal law violations. But after recieving the summons they didnt reply ( its more than 20 days now).
Or I didnt see they filing a reply thru the PACER online account. What will happen if they dont intend to reply ?Response Time in Federal Court Case ?
It's 20 days from the day they're served...not from when you filed it. If that time has passed, you are required to move for default and for judgment...it doesn't happen automatically.under eye concealer
Or I didnt see they filing a reply thru the PACER online account. What will happen if they dont intend to reply ?Response Time in Federal Court Case ?
It's 20 days from the day they're served...not from when you filed it. If that time has passed, you are required to move for default and for judgment...it doesn't happen automatically.
Mom is making a federal case?
i would admit. kicked her in the gut a few years ago with busting her out about not caring about me%26gt; i call her and tell her the truth about what my life is. now shes claiming that shes got the feds on me for the phone calls. i live in a differnt state, what can she do?Mom is making a federal case?
Not a tax question. May try Law %26amp; Ethics?
Not a tax question. May try Law %26amp; Ethics?
Which category of people would be most likely to take a case to a federal court?
Which category of people would be most likely to take a case to a federal court?
A) People who have broken the laws of another country while traveling outside the US
B) People who are suing their neighbors for violent or very harmful acts
C) People suing the US government or suing a person from another state
D) People who are unhappy with the ideas of the President of the USWhich category of people would be most likely to take a case to a federal court?
c) You need federal jurisdiction to sue in federal court. Typically one must obtain jurisdiction pursuant to the provisions of 28 U.S.C.A. section 1331 or 1332, the ';arising under'; or ';diversity of citizenship'; grounds for jurisdiction. The United States cannot be sued in state courts and in answer c diversity of citizenship is established.
A) People who have broken the laws of another country while traveling outside the US
B) People who are suing their neighbors for violent or very harmful acts
C) People suing the US government or suing a person from another state
D) People who are unhappy with the ideas of the President of the USWhich category of people would be most likely to take a case to a federal court?
c) You need federal jurisdiction to sue in federal court. Typically one must obtain jurisdiction pursuant to the provisions of 28 U.S.C.A. section 1331 or 1332, the ';arising under'; or ';diversity of citizenship'; grounds for jurisdiction. The United States cannot be sued in state courts and in answer c diversity of citizenship is established.
Two cases pending in federal court, but I have no faith in this system.What can I do?
I started the cases but not even sure I want to pursue them because of corruption - the docket entry dates get changed whenever it's convenient; Documents are dated days/weeks ahead of being entered; I'm frequently harassed by U.S. Marshalls when I go into the building; documents filed in the case that had been available on the public terminals suddenly become unavailable. I had to view hard copies for a while, then the documents were suddenly moved to some inconvenient, remote location. I find out today, seven weeks after the summons was issued to the marshalls, that it was finally served on the defendants. We're in the same city. This case was filed 90 days ago. I was about to file a motion for default judgment but of course this new development means I can't.Two cases pending in federal court, but I have no faith in this system.What can I do?
It means that you are trying to play lawyer when you have no clue as to what you are doing.Two cases pending in federal court, but I have no faith in this system.What can I do?
You have the ability to file cases in Federal Court and you come on here asking for advice.
You know what? This sounds like Litigation 101. I don't believe a word you are saying, I think you are using this forum for an answer for your homework.
Nice try.
If you do not wish to pursue the lawsuit, then don't.
It means that you are trying to play lawyer when you have no clue as to what you are doing.Two cases pending in federal court, but I have no faith in this system.What can I do?
You have the ability to file cases in Federal Court and you come on here asking for advice.
You know what? This sounds like Litigation 101. I don't believe a word you are saying, I think you are using this forum for an answer for your homework.
Nice try.
If you do not wish to pursue the lawsuit, then don't.
How do I determine whether each case is a function of the federal or state court system. Determine whether or?
How do I determine whether each case is a function of the federal or state court system. Determine whether or not each case falls under federal or state jurisdiction. Identify and explain the differences between the jurisdiction and original venue, for each case.... this is the question on 5 cases I have, I do not expect the work to be done, I just want someone to ''simplify'' these steps. How can I decipher what is what?How do I determine whether each case is a function of the federal or state court system. Determine whether or?
the easist way is to look at what statute is at issue. If it's case law that's being interpreted, then it would be a function of the state court system. If the case falls under a statute issued by the executive branch, i.e. EPA, SEC, etc, or the constitution, then it's federal jurisdiction. You can sometimes bring state questions into federal court if it: exceeds a certain amount of $$$ (usually around $75,000), if there is diversity of citizenship amongst the parties, or if it deals with a federal statute.
the easist way is to look at what statute is at issue. If it's case law that's being interpreted, then it would be a function of the state court system. If the case falls under a statute issued by the executive branch, i.e. EPA, SEC, etc, or the constitution, then it's federal jurisdiction. You can sometimes bring state questions into federal court if it: exceeds a certain amount of $$$ (usually around $75,000), if there is diversity of citizenship amongst the parties, or if it deals with a federal statute.
How do I determine whether each case is a function of the federal or state court system. Determine whether or?
How do I determine whether each case is a function of the federal or state court system. Determine whether or not each case falls under federal or state jurisdiction. Identify and explain the differences between the jurisdiction and original venue, for each case.... this is the question on 5 cases I have, I do not expect the work to be done, I just want someone to ''simplify'' these steps. How can I decipher what is what?How do I determine whether each case is a function of the federal or state court system. Determine whether or?
If it's criminal law, the answer is simple. If among the alleged crimes is the violation of a federal statute it is heard in federal court.
If it's civil, the question is more complicated. If there is a federal law question or diversity jurisdiction it may, but need not be, heard in federal court.
If the case contains neither federal question nor diversity jurisdiction, it must be heard in state court.
If it's criminal law, the answer is simple. If among the alleged crimes is the violation of a federal statute it is heard in federal court.
If it's civil, the question is more complicated. If there is a federal law question or diversity jurisdiction it may, but need not be, heard in federal court.
If the case contains neither federal question nor diversity jurisdiction, it must be heard in state court.
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