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.
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