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708 KB
Extraction Summary
9
People
6
Organizations
0
Locations
1
Events
1
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
708 KB
Summary
This legal document, filed on March 11, 2022, is part of a brief arguing on behalf of Ms. Maxwell. The argument refutes the government's reliance on the case precedent of *United States v. Shaoul*, claiming it is inapplicable because it did not consider the specific points at issue, its key language is non-binding dictum, and it is inconsistent with earlier, controlling precedents like *Langford* and the Supreme Court's decision in *McDonough*. The document emphasizes that under the rules of precedent, the court is bound by these earlier decisions, not by *Shaoul*.
People (9)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell |
A party in the case, making a legal argument against the government's position.
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| Justice Blackmun | Justice |
Mentioned for his concurring opinion in a case relevant to the argument.
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| Justice Brennan | Justice |
Mentioned for his opinion concurring in judgment.
|
| McDonough |
A party in a cited Supreme Court case (McDonough, 464 U.S. at 556) that established a legal test.
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| Stewart |
A party in a case the government is accused of ignoring.
|
|
| Shaoul |
A party in a case (United States v. Shaoul) that the government relies on, but which is argued to be inapplicable or ...
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| Langford |
A party in a case that is argued to be a controlling precedent over Shaoul.
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| Jama |
A party in a cited case (Jama v. Immigr. & Customs Enf’t) regarding the non-binding nature of dictum.
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| Wilkerson |
A party in a cited case (United States v. Wilkerson) regarding the binding nature of prior panel decisions.
|
Organizations (6)
| Name | Type | Context |
|---|---|---|
| United States | government agency |
The opposing party to Ms. Maxwell, referred to as 'the government'.
|
| Immigr. & Customs Enf’t | government agency |
A party in the cited case Jama v. Immigr. & Customs Enf’t.
|
| United States Supreme Court | government agency |
Mentioned as the highest court whose opinions are binding.
|
| Court of Appeals | government agency |
Mentioned in the context of its panels being bound by prior decisions.
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| Indep. Cmty. Bankers of Am. | organization |
A party in the cited case Indep. Cmty. Bankers of Am. v. Bd. of Governors of Fed. Rsrv. Sys.
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| Bd. of Governors of Fed. Rsrv. Sys. | government agency |
A party in the cited case Indep. Cmty. Bankers of Am. v. Bd. of Governors of Fed. Rsrv. Sys.
|
Timeline (1 events)
2022-03-11
A legal document was filed in Case 1:20-cr-00330-PAE, arguing against the government's reliance on the Shaoul case precedent.
Relationships (1)
The document presents Ms. Maxwell's legal arguments refuting the position taken by 'the government' (United States) in a court case.
Key Quotes (4)
"satisfy the second part of the McDonough test—that the juror could have been challenged for cause."Source
— The Shaoul Court
(Quoted from the Shaoul case (Id. at 816) to explain why the court's subsequent discussion was dictum.)
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Quote #1
"Dictum settles nothing, even in the court that utters it."Source
— Jama v. Immigr. & Customs Enf’t
(Cited from a Supreme Court case to support the argument that a portion of the Shaoul opinion is not binding.)
DOJ-OGR-00009886.jpg
Quote #2
"bound by the decisions of prior panels until such time as they are overruled either by an en banc panel of our Court or by the Supreme Court"Source
— United States v. Wilkerson
(Cited to explain the principle of stare decisis within the Court of Appeals.)
DOJ-OGR-00009886.jpg
Quote #3
"In the event of conflicting panel opinions . . . the earlier one controls, as one panel of this court may not overrule another"Source
— Indep. Cmty. Bankers of Am. v. Bd. of Governors of Fed. Rsrv. Sys.
(Cited to argue that the earlier Langford decision should control over the later, conflicting Shaoul decision.)
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Quote #4
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