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Simple English definitions for legal terms

Vance v. Terrazas

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A quick definition of Vance v. Terrazas:

In Vance v. Terrazas, the Supreme Court said that the US government must prove that someone intended to give up their US citizenship, not just that they did something that could make them lose it. The court also said that the government can assume that someone did something voluntarily, but the person can try to prove that they didn't mean to do it. The court didn't decide if Terrazas lost his citizenship, but sent the case back to a lower court to decide. Some judges disagreed with the decision.

A more thorough explanation:

Vance v. Terrazas is a legal case that was decided by the United States Supreme Court in 1980. The case dealt with the issue of expatriation, which is the process of giving up one's citizenship. The court held that the U.S. government must prove intent to surrender U.S. citizenship and not just the voluntary commission of an expatriating act. The appropriate standard of proof for analyzing the citizen’s conduct would be proof by a preponderance of the evidence.

For example, in the case of Laurence Terrazas, he was born in the United States to a Mexican father. While attending a Mexican University, Terrazas applied for a certificate of Mexican nationality. In this application, he was required to sign a statement renouncing his U.S. citizenship, which he did. During a later interview with a U.S. consular officer, Terrazas gave conflicting answers to whether he intended to give up his U.S. citizenship when he applied for Mexican nationality. The State Department eventually concluded that Terrazas had lost his U.S. citizenship. Terrazas appealed, and the Supreme Court established that a U.S. citizen cannot be expatriated without his or her assent.

The Court also held that it is permissible for the government to have a rebuttable presumption that the expatriating act was committed voluntarily. This means that the burden of proof is on the individual to prove otherwise, such as duress, etc. If the individual succeeds, there would be no expatriation, but if he fails, then the question still remained whether all the evidence the government had satisfied its burden of proof that the expatriating act was performed with the necessary intent to relinquish citizenship.

Van Orden v. Perry (2005) | variable annuity

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RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
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