Questions tagged [immunity]
For questions about immunity from civil or criminal liability conferred on a natural or legal person. When asking, please use tags for specific types of immunity where possible e.g.: official-, diplomatic-, parliamentary-, sovereign-.
27
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Has the Supreme Court given any examples where presumptive immunity would be overcome?
In the recent US Supreme Court ruling on presidential immunity, Trump v. United States, the Court found that there is absolute immunity for actions within the president's "exclusive sphere", ...
12
votes
2
answers
930
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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
...
15
votes
2
answers
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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 ...
34
votes
1
answer
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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 ...
1
vote
1
answer
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Details of David Pecker's immunity contract
Is the contract granting David Pecker's immunity in the current criminal trial of Donald Trump public?
After being subpoenaed, I assume Pecker felt that the same evidence would come out whether he ...
5
votes
1
answer
206
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Would Trump's lawsuit against Judge Juan Merchan be barred by Spark v. Stumpman?
Donald Trump filed a lawsuit against Judge Juan Merchan today after he issued a limited gag order earlier to prevent damaging judicial administration via witness and jury intimidation.
The Supreme ...
3
votes
1
answer
272
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Based on what legal basis is former AG Edwin Meese arguing that appointment of Jack Smith was improper?
Former attorney general Edwin Meese wrote an Amici Curiae paper to the federal DC Circuit Court of Appeals that Jack Smith's appointment as special prosecutor and counsel in the prosecution of Trump ...
4
votes
1
answer
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Why did Jack Smith concede federal DC circuit appeals court has jurisdiction over Trump immunity claims when he could've relied on SCOTUS precedent?
Special prosecutor Jack Smith conceded that the DC circuit has appellate jurisdiction to hear Trump's interlocutory (interim) appeal over denial of criminal immunity for his actions on 1/6/2021 under ...
2
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2
answers
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If the reigning monarch in a constitutional monarchy commits serious offences like terrorism or mass murder, are they really immune from punishments?
Answers for the UK especially welcome but any modern monarchy likewise. What would - or could- happen to King Charles if he went on a rampage and shot up a school and then went and planted/detonated a ...
1
vote
0
answers
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If a monarch does something illegal to take the throne, what would be the legal implications of prosecuting them for it?
Assume that, in a modern kingdom, the Crown Prince murders the king. He technically becomes king, as he's the legal heir of the throne. Could the prince be prosecuted for that and denied the throne?
...
-4
votes
2
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Prosecution of politicians who violate the constitution
When a politician violates the constitution, why aren't they criminally prosecuted?
There are plenty of examples out there where a politician passes a law that they most likely know wont stand up in ...
19
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4
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Why does Double Jeopardy apply if you confess?
If you were tried for murder and acquitted - then you go out and publicly admit that they were wrong, you did actually murder that person. Where is the justice in not being able to be tried again in ...
9
votes
1
answer
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Hypothetical POTUS divorce
If the spouse of the President of the United States filed for divorce, would
the President have any claim of immunity from any litigation that followed (e.g. the division of assets in the matrimonial ...
2
votes
1
answer
349
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Why does U.S. government have civil liability for the Parkland shooting?
The U.S. federal government has apparently entered a 9-figure financial settlement of civil claims by victims of the 2018 shooting in Parkland, Florida. (The civil lawsuit alleged government ...
2
votes
1
answer
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What makes transactional immunity irrevocable?
Immunity given to witnesses in exchange for a testimony against their accomplices is widely known to be a tool used by prosecutors to compel a testimony. The common understanding is that by being ...