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Simple English definitions for legal terms

Vance v. Terrazas

Read a random definition: legal intromission

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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GodsPlanUltimately
16:59
Interesting folks.
jackfrost11770
17:00
Cornell put me on reserve after interview they are at least slightly unbased
@jackfrost11770: thats why they sit at 2
cornell is based but universal rule is adcoms are ghouls
texaslawhopefully
17:01
this is depressing lol: https://thedispatch.com/newsletter/boilingfrogs/shock-and-awe/
Dkk
17:01
@GodsPlanUltimately smart of them
Dkk
17:02
How is it unpopular when he got the pop vote and the electoral college. Unreadable after the title.
Who’s hearing from uclaaa rnnnn
texaslawhopefully
17:03
Glad you're back dk lmao. If you read the actual article, it's that his day one EO's are wildly unpopular (for instance the majority of americans support birthright citizenship). He can have won the popular vote and still do unpopular stuff
texaslawhopefully
17:03
"Two recent polls found opposition to pardoning the J6ers at 57 and 59 percent, respectively, and that was before Americans understood that even the cop-beaters in the crowd that day would be let off scot-free."
I wonder if this chat has mods
17:04
as most dictators who have come into power do, he appealed to the masses just to turn face once in power
Barely nutty
Dkk
17:04
@texas maybe so. Maybe so.
17:04
we have been duped.
17:05
Oh well there is always the next election.* *- unless there are no more elections.
texaslawhopefully
17:05
I lean conservative and for a long time was one of those people who thought that he was bad but wasn't a facist and that sort of rhetoric was over-reactive. And for those reasons I voted for Harris, but I think I was underestimating him by far.
gov hiring freeze is insane
Remember when Elon musk literally did the nazi salute twice , yeah
Insane
his goal is to crush public opinion of the government by intentionally making ineffective and then pointing to how ineffective it is
Dkk
17:05
I personally think most people are one issue voters and rhey disagree on principle but things have to be done this say now or else they never will.
17:05
oh well should be a good little 'societal experiment' if u will
@SplitterusClitterus: he clearly just meant his heart goes out to him, just ignore his support for the literal fascist party in germany
17:06
dkk what's your one issue
texaslawhopefully
17:06
I was a one issue voter. My one fucking issue was that Trump encouraged an insurrection.
texaslawhopefully
17:07
That's all anyone should've needed.
17:07
i am a 1 issue voter: national debt.
jackfrost11770
17:07
THERES A COP FUNERAL AND NOW THE BUSES ARENT RUNNING TO MY PLACE SO I HAVE TO WALK IN THE FREEZING COLD HOME
texaslawhopefully
17:07
Not to mention that he's completely thrown away liberalism and classic western political philosophy, but yk your eggs will be cheaper so it's worth it
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