Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Vance v. Terrazas

Read a random definition: equitable-benefit doctrine

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
LSD+ is ad-free, with DMs, discounts, case briefs & more.