11 octobre 2022
Define Citizen Legal Term
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Citizenship is generally used as a synonym for nationality (see: Nationality). Where citizenship is used in a different sense from nationality, it refers to the legal rights and obligations of persons associated with nationality under national law. In some national legislations, citizenship has a more specific meaning and refers to rights and obligations that can only be exercised after the age of majority (e.g. the right to vote) or to rights and obligations that can only be exercised within the national territory. Behaviours that could be interpreted as a renunciation of citizenship are sometimes not sufficient to prove voluntary expatriation. If a person only benefits from the benefits available in another country, giving up their U.S. citizenship is not necessarily justified. This definition allows us to broadly define our scope, to focus on both social inclusion and exclusion, while at the same time being in the field of citizenship. The term citizen in article III of the Constitution, which establishes the federal judiciary, includes corporations; As a result, lawsuits involving businesses affect citizens for the purposes of federal jurisdiction. However, the term citizen, as defined in the Fourteenth and Fifteenth Amendments, does not include corporations or foreigners. Neither corporations nor foreigners are protected by the privilege and immunity clauses of the Fourteenth Amendment and Article IV, as these clauses only protect citizens.
Unlike citizens of other countries, U.S. citizens have the right to enter and exit the United States and obtain a government passport. The passport certifies to foreign countries that its holder is entitled to all the protection granted by the U.S. government. However, the right to enter and leave the United States is so fundamental that a citizen cannot be prevented from entering the United States simply because he or she does not have a passport. Even if someone leaves the country without having received a passport, knowing that they should have done so, they must be allowed to enter on their return, if an expired birth certificate or passport is presented, or if the person takes an oath of allegiance to their citizenship. Neither the United States nor any state is a citizen in the sense of diversity of citizenship, a term used to refer to the jurisdiction of federal courts which, in accordance with article III, section 2 of the Constitution, authorize such courts to hear cases between citizens of different states. However, municipalities and other local governments are considered citizens. People born in possessions far from the United States such as Wake Island or Midway Island and their children are called nationals. They owe loyalty to the United States and enjoy certain rights. The term national refers to anyone who owes loyalty to the country, including citizens, but not all citizens have all the rights of a citizen. Abogado.com The #1 Spanish Legal Website for Consumers The U.S.
Supreme Court has recognized the power of Congress to specify the behavior that constitutes expatriation, but the right to citizenship is so great that such actions must be closely linked to a visible U.S. loyalty movement. Although some courts have ruled that Congress never has the power to revoke the citizenship of the native, this view is not consistent with applicable law. A legal status and relationship between a person and a state that involves certain legal rights and obligations. Citizenship of the United States of America is obtained either by birth or naturalization, the legal process that a qualified person must follow to be accepted as a citizen. The Center for the Study of Citizenship uses the Merriam-Webster Dictionary definition of citizenship: The Fourteenth Amendment to the Constitution provides: « All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside. may not be sold by the states or the federal government, including their authorities and officials, either as punishment for a crime or for any other reason (see also Afroyim v. Rusk, 387 U.S. 253, 87 pp. Ct.
1660, 18 L. Ed. 2d 757 [1967]). U.S. citizenship can be abandoned, but it cannot be withdrawn unless it was acquired through fraud or any other illegal act. The U.S. government may prohibit its citizens from traveling to certain countries that are hostile to the U.S. and dangerous to U.S. citizens. The passport of a person who ignores these restrictions may be revoked and such a traveller may be denied protection by the government.
After the attacks of September 11, 2001, the case demonstrated against a U.S. citizen, John Philip Walker Lindh, the U.S. government`s attitude toward nationals who violate their citizenship obligations. Lindh, also known by the Islamic names Suleyman al-Faris and Abdul Hamid, and nicknamed « the American Taliban, » converted to Islam in 1997. After visiting countries like Yemen and Pakistan at various times from 1997 to 2000 to study Islam, Lindh began training with the al-Qaeda terrorist organization in 2001. Before and after the September 2001 terrorist attacks, Lindh served the Taliban regime in Afghanistan in an ongoing conflict with the Northern Alliance in northeastern Afghanistan. Lindh was captured by Northern Alliance groups in November 2001. He was eventually handed over to the U.S.
Army, which sent him back to the U.S. on January 23, 2002. A state has the power to deny someone the right to vote after being convicted of a crime or « notorious crime » such as corruption or perjury. This denial of a right to citizenship may remain in effect or be permanent until the sentence is served, including probation periods. However, a pardon from the president or governor can restore these rights. Some laws even allow the courts to restore the right to citizenship after proof of the former prisoner`s rehabilitation. At FindLaw.com, we are proud to be the leading source of free legal information and resources on the Internet. Contact us.
FindLaw.com Free and reliable legal information for consumers and legal professionals A child born to U.S. parents on a ship somewhere in the world is a U.S. citizen. A child born in U.S. waters aboard a foreign ship is a citizen of that foreign country if his or her parents are citizens of that country. If his parents come from another country, the provisions of the treaty or international law apply. A child born on the high seas on a foreign ship of parents from the same country assumes the citizenship of that country and not the citizenship of its destination. LawInfo.com National Directory of Lawyers and Consumer Legal Resources Are you a lawyer? Visit our professional website » A loss of citizenship can occur while serving in another nation`s military; serve as a public servant in a foreign country that requires an oath of allegiance to that country; and the attempt to overthrow the U.S. government, which is established by a conviction for the crime. However, aliens are considered « persons » within the meaning of the appropriate procedure clauses of the Fifth and Fourteenth Amendments and the equality clause of the Fourteenth Amendment. In Plyler v. of 1982 Doe, 457 U.S.
202, 102 pp. Ct. 2382, 72 L. Ed. 2d 786, the U.S. Supreme Court has recognized that even illegal aliens are « persons » within the meaning of the fourteenth amendment equality clause for public education purposes. A company is also considered a citizen for certain purposes. He is a citizen of the United States and the state according to whose laws he was organized. A particular state, usually Delaware, is chosen for incorporation because that state levies lower taxes and its laws favor corporations. Once the company integrates into the designated state, it is a citizen of that state, but it can apply for permission to do business there in any other state. Unlike some countries, the United States allows emigration, voluntary renunciation of citizenship.
A U.S. citizen may lose his or her citizenship by declaring that he or she no longer wishes to be a citizen or by being loyal to the United States, or by performing a voluntary act that constitutes renunciation of citizenship as required by law. The most fundamental duty of a citizen is to be loyal to the United States.
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