Also known as: natives · nativus · nativi · nativitas · villein · serf by birth
Written by attorneys · grounded in primary & secondary sources — see below
An individual born in a specified country or place.
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Nicholas Nunez, a native-born citizen, casts a ballot in a foreign national election. Congress enacts a statute that automatically revokes his citizenship for that act. A court refuses to apply the statute because the citizen never consented to the loss of status.
Nicholas Nunez, a native-born citizen, is charged with piracy on the high seas. Prosecutors argue his status as a native citizen subjects him to universal jurisdiction. The court rejects the argument because citizenship alone does not create jurisdiction without consent-based divestiture analysis.
Nicholas Nunez, a native-born citizen, claims immunity through a group he asserts is a native tribe. The state challenges the claim. The court examines whether involuntary loss of citizenship status occurred before addressing immunity.
Nicholas Nunez, a native-born citizen, seeks solemnization by a native group elder. Officials refuse to record the certificate. The court requires proof that the citizen consented to any change in status before recognizing the ceremony.
Nicholas Nunez, a native-born resident, receives an exclusion order during hostilities. He challenges it for lack of consent to any status change. The court upholds the order only after confirming no involuntary divestiture of citizenship occurred.
Nicholas Nunez, a native-born citizen, pleads guilty after counsel fails to warn of citizenship risks. He seeks to vacate the plea. The court finds ineffective assistance because any loss of native status requires the citizen's consent.
No. Secondary evidence is admissible when a native-born citizen receives notice that citizenship status will be at issue and the party fails to produce records showing consent to divestiture.
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Yes. An affirmation satisfies the oath when it impresses the duty of honesty, even if the witness is a native-born citizen whose language lacks an equivalent term, provided no involuntary loss of status is at stake.
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No. Competency turns on perception and honesty duties. Language barriers affect only weight, provided the witness is a native-born citizen who has not consented to any change in status.
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…of only nine men and women, all of them successful lawyers who studied at Harvard or Yale Law School. Four of the nine are natives of New York City. Eight of them grew up in east- and west-coast States. Only one hails from the vast expanse in-between. Not a single Southwesterner or even, to tell the truth, a genuine…