U.S. courts

U.S. courts can set aside or vacate criminal indictments and other prosecutorial actions that stem from an unlawfully appointed prosecutor.

Federal judges may deny requests to unseal grand jury transcripts when they find 'significant and compelling' reasons to keep the materials sealed, such as when existing investigative files already contain substantial information that diminishes the need for release.

Pretrial supervision in U.S. courts can include electronic monitoring, such as requiring defendants to wear ankle monitors, as a condition of release or supervision.

Criminal defendants in U.S. courts may waive counsel and represent themselves at their hearings or trial.

U.S. judicial practice emphasizes that limiting military involvement in civilian affairs is foundational to safeguarding constitutional liberties.

U.S. courts have expressed legal wariness about deploying military forces into domestic civilian affairs, treating limits on such deployments as important to safeguarding constitutional liberties.

Domestic deployment of federal troops can be subject to legal challenges asserting that such deployments violate state sovereignty or that the president failed to meet the legal threshold required for deploying troops domestically.

In United States criminal procedure, courts commonly permit pretrial release through posting monetary bail or bond, which allows a defendant to be released from custody pending trial subject to court-imposed conditions.

For a court to hear a defamation claim, plaintiffs generally must show that the allegedly defamatory material was published or disseminated within the forum jurisdiction or to that jurisdiction's audience to establish jurisdiction.

U.S. courts may consider public statements by government or prosecutorial officials when evaluating claims of selective or vindictive prosecution.

Judges in U.S. courts have discretion to allow or restrict news cameras in courtroom proceedings.

Defendants in U.S. courts can request to wear civilian clothes during proceedings, and judges may grant such requests citing the constitutional presumption of innocence while separately evaluating requests to appear without restraints (shackles) based on security concerns.

U.S. courts have authority to compel the production of government documents and internal communications, including from the Department of Justice, in connection with discovery and evidentiary hearings.

Courts can issue restraining orders that restrict or limit the use of specific riot-control techniques against protesters and members of the press.

Motions alleging vindictive prosecution are generally infrequently successful in U.S. courts.

U.S. law is legally unclear about whether the executive branch can use a funding shutdown to terminate federal employees, and courts have historically often deferred to presidential administrations on related personnel disputes.

In U.S. capital cases, defense attorneys can file post-conviction petitions requesting DNA testing of evidence and can seek court-issued stays of execution pending judicial rulings on such testing.

U.S. courts can dismiss defamation lawsuits when challenged expressions, including artistic expressions such as song lyrics, are legally characterized as opinion rather than assertions of provable fact because opinions are generally non-actionable under defamation law.

Claims that a prosecution is vindictive are typically difficult to win in U.S. courts.

Motions alleging vindictive prosecution are generally difficult to win in U.S. courts.

Courts may consider how far a public statement occurs in time from a scheduled trial when assessing whether the statement could prejudice potential jurors and affect a defendant's right to a fair trial.

Under U.S. law, the federal government can federalize a state's National Guard by asserting a rebellion or similar basis, and courts can review whether the government has met the legal threshold for such a declaration.

Compensatory damages can be awarded for causes of action such as defamation, intentional infliction of emotional distress, and violations of state law, and courts can award additional punitive damages on top of compensatory awards.

U.S. courts have evaluated whether federal law allows Congress to limit the amount political parties may spend in coordination with the candidates they support under campaign finance rules.

U.S. courts have held that school officials may conduct searches of students or student property on school premises when they have a reasonable suspicion that a crime or school rule violation has occurred.

Ryan Goodman, a law professor at New York University, and his research team tracked more than 400 lawsuits involving the Trump administration and included only cases in which judges explicitly expressed criticisms of the government's conduct.

The Goodman research project categorized judicial criticisms into three categories and reported over 15 cases in which courts found government non-compliance with court orders; over 35 cases in which courts said the government provided false or highly misleading information including false sworn declarations; and over 50 cases in which courts found the government's actions to be arbitrary and capricious.

A dismissal of criminal charges 'with prejudice' in U.S. courts prevents the government from later refiling the same charges against the defendant.

U.S. courts can deny pretrial release (bail) when prosecutors present credible concerns that a defendant may tamper with or intimidate witnesses.

U.S. courts can invalidate congressional district maps and order new maps to be drawn when plaintiffs successfully challenge maps as being unlawfully partisan or otherwise legally defective.

Legal disputes can arise over the scope of presidential pardons, including whether a pardon for specific offenses extends to separate or related offenses discovered during an investigation.

In U.S. courts, a release on one's own recognizance means the defendant is released without being required to post bail.

Vindictive-prosecution motions in U.S. courts are infrequently successful.

In U.S. legal proceedings, a minor may invoke the Fifth Amendment right against self-incrimination, and a court may hold a pre-testimony hearing to determine whether the minor will be permitted to testify.