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Jan 30, 2021 at 12:57 comment added J... @phoog In those cases the government in question is not acting as itself, but as a "person", I believe. A government in civil court is just another plaintiff or defendant - they are not exercising their special function as a government during the proceeding, they're simply taking part in a process just like anyone else would. I'm not sure what your point is about the UCMJ. Soldiers don't go to civilian court. Civilians don't go to military court. What's your point?
Jan 29, 2021 at 19:46 comment added phoog There are plenty of civil cases where one side is a government and the other is a citizen. Even both sides may be governments. Common law has little to do with it in the US, especially in federal law. And the UCMJ is about the government punishing people for criminal behavior. This categorization is tidy, but it doesn't reflect reality.
Jan 26, 2021 at 20:40 history edited J... CC BY-SA 4.0
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Jan 26, 2021 at 19:47 history answered J... CC BY-SA 4.0