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Questions tagged [united-states]

For questions specific to the United States as a whole, or that span multiple state jurisdictions. If your question is related to a specific state then you should use that state's tag instead (or as well).

1 vote
1 answer
64 views

Can a Special Counsel be privately liable in tort for false or malicious prosecution if improperly appointed?

Assume an Attorney-General appoints a Special Counsel but they don't do so in a constitutional manner. If an improperly appointed Special Counsel prosecutes an individual, would they be privately ...
WOPR's user avatar
  • 433
3 votes
1 answer
109 views

Is there a legal difference between "substantial" and "significant"? (US law)

I am currently studying for the California Bar exam. When I memorize my rule statements I often mix up "substantial" and "significant". For example, sometimes I say "A ...
S J's user avatar
  • 626
19 votes
5 answers
6k views

Are US enlisted personnel (as opposed to officers) required, or allowed, to disobey unlawful orders?

In a comment on Does Justice Sotomayor's "Seal Team 6" example, in and of itself, explicitly give the President the authority to execute opponents? If not, why not?, user jesse_b writes, ...
Nate Eldredge's user avatar
24 votes
3 answers
8k views

Does Justice Sotomayor's "Seal Team 6" example, in and of itself, explicitly give the President the authority to execute opponents? If not, why not?

This is less a question about the SCOTUS ruling itself, and more about how SCOTUS rulings are interpreted in applying the law. In the SCOTUS ruling in Trump v. United States (23-939) on July 1st, 2024,...
Michael's user avatar
  • 561
13 votes
2 answers
940 views

Did the SCOTUS immunity decision grant immunity for using the military to assassinate a political opponent?

In her dissent in Trump v. United States, 603 U.S. ___ (2024), Justice Sonia Sotomayor wrote When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from ...
Barmar's user avatar
  • 3,951
-5 votes
2 answers
148 views

Is the United States still a constitutional government? [closed]

The Supreme Court's July 1 opinion says the President cannot be prevented from violating the Constitution, and cannot be punished after the fact for doing so. Does this mean the United States ...
Tom's user avatar
  • 956
15 votes
2 answers
4k views

Why does the Trump immunity decision further delay the trial?

Why is Trump heralding this as a victory, and why are Democrats and the liberal justices saying this puts the president above the law? There’s another excellent question on the Trump immunity decision ...
Michael Atkins-Prescott's user avatar
5 votes
1 answer
837 views

Can a criminal litigator introduce new evidence if it is pursuant to the veracity of a witness?

Obviously there are limits to how much evidence can be presented in court case and an attorney cannot anticipate every possible shred of evidence that he might need. For example, let's imagine that in ...
Cicero's user avatar
  • 6,998
34 votes
1 answer
6k views

Can someone explain the Trump immunity ruling?

The US Supreme Court handed down their ruling in the presidential immunity case regarding Donald Trump and the January 6 insurrection. From what I've been able to tell from news reports, they said ...
Barmar's user avatar
  • 3,951
0 votes
0 answers
60 views

Why has the recent Chevron ruling by SCOTUS generated so much controversy? [duplicate]

The Supreme Court of the United States (SCOTUS) recently overruled a previous ruling which has commonly been referred to as "Chevron". At the time this question was posted, there is a ...
Wipqozn's user avatar
  • 109
10 votes
1 answer
2k views

Where can I access records of the 1947 Superman copyright trial?

I'm a comic researcher, seeking court records from 1947 in the United States related to Superman's copyright case. While there's a Wikipedia entry on this case, I couldn't locate the crucial court ...
enjin2000's user avatar
  • 201
-2 votes
0 answers
36 views

Legal issues with buying a domain of a company but with a different .tld? [duplicate]

I found a related question here Can I buy a same domain name with different TLD and add similar content?, but my situation is a bit different. In my case, the website would just be a static page with ...
John Miller's user avatar
-2 votes
0 answers
111 views

Can spouse force a sale of a real property by refusing to accept a buyout?

If two spouses divorce in a community property state like California, can a spouse force a sale of a quasi community real property through legal means by refusing to accept a buyout (e.g. payment of ...
HelloDarkWorld's user avatar
2 votes
1 answer
101 views

Realistic outcome of probate if a will leaves nothing to surviving spouse?

From basic googling I did, sounds like (at least in New Jersey), if a spouse dies, the surviving spouse is likely to be able to challenge any will to get at least 1/3 of the assets, even if the will ...
user3885's user avatar
  • 137
1 vote
3 answers
127 views

If one creates a copy of a copyrighted work for a licenced purpose can one reuse the copy for another purpose?

Multiple lawsuits have been filed relating to training of generative AI models on copyright protected works. A recent suit seems to focus particularly on this aspect. It seems there could also be a ...
User65535's user avatar
  • 7,700

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