Questions tagged [misconduct]
19 questions
22
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5 answers
If someone falsely claims to have a Ph.D. on the jacket of a book and they profit from that claim, is that criminal fraud?
Say someone had started a Ph.D. but failed to complete, and wrote a book presenting themselves as an expert in their field, and claimed on the jacket to have a Ph.D.
The book sells many copies, and helps establish them as an expert in their field,…
AnonymousAcademic444
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12
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2 answers
Personal Misconduct That May Result in a Lawyer's Censure or Disbarment
Is there some type of Code of (Personal) Conduct that lawyers in the United States must abide by under the penalty of either censure of disbarment? What personal kinds of personal misconduct might result in such penalties?
I am especially interested…
DDS
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Do decisions based on personal beliefs constitute juror misconduct?
A person is on trial for bank robbery. The perp robbed a bank, and punched a teller. One of the jurors hates banks, and believes "No one can really rob a bank as turn around is fair play". This juror refuses to convict on the robbery despite…
Pete B.
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Imbler v. Pachtman and Texas prosecutor Ken Anderson
In 2013 Texas (Williamson County) District Attorney Ken Anderson served a 10 day jail sentence for prosecutorial misconduct. Quoting https://innocenceproject.org/news/ken-anderson-michael-morton-prosecutorial-misconduct-jail/ :
Mr. Anderson’s…
neubert
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Can a judge make it case law that 2×2=5?
The following quote from Malcolm Turnbull is actually not what this question is about, but nevertheless it is a good-fit epigraph:
The laws of mathematics are very commendable, but the only law that applies in Australia is the law of…
Greendrake
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2
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Exclusionary Rule and testimony
Let's say a police officer searches a property without a warrant, and discovers a couple of people imprisoned there.
Would their testimony against the owner later be inadmissible as it's a result of the illegal search?
mcc1789
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2
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Can a Judical Misconduct Complaint be read or searched for?
I have read a news article stating that 15 misconduct complaints were filed against Justice Kavanaugh to the "federal appeals court in Washington, D.C."
I found that searching the "https://www.cadc.uscourts.gov" site yields the transfer papers, but…
KingsInnerSoul
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Was the withholding of high-quality drone footage a Brady violation?
In the Kyle Rittenhouse trial, the defence filed a motion for a mistrial during jury deliberations. One of the grounds for a mistrial, they argued, was that a low-resolution recording of the drone footage (since it was compressed when it was…
BakedAlaska624
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Can a judge be removed from a trial for bias?
Judges and juries are supposed to be impartial. Jurors are removed all the time for being potentially biased towards one side in a case.
A judge in a case that is a current event as of writing , has been accused by much of the media and other…
Number File
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If a judge says in court that he trusts the other party would this amount to judicial misconduct?
The judge in a custody case with Bob and Janice says that he (the judge) trusts Janice.
Would this amount to judicial misconduct or bias?
Bear in mind that Bob has also the challenge of getting a male worker to have a fair trial: this has been…
learnpath
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Dealing with drunken guy harassing us over anti-vaxxer and conspiracy theories, and cops won't do a thing?
We're in the U.S, and are a couple who are 37/F and 39/M. We live in a suburb of Kansas City, MO.
Recently me and my fiance have had a drunken guy kept coming to our house harassing us and shouting anti-mask arguments - he's come wearing a bikini…
ksmissouwyo50522
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Permissibility of ex-parte communication for judges in the US
Watching some legal movies it struck me as odd where judges are portrayed talking to one of the parties in the absence of the other (ex-parte communication). Say in New Zealand, this amounts to judicial misconduct (Guidelines for Judicial Conduct at…
Greendrake
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Can it be judicial misconduct to not rebut arguments of losing party?
Bob sues Rob in a civil court (adversarial system).
Bob contends:
I am right and Rob is wrong because of A.
Rob defends:
No, A does not apply because of X.
Bob replies:
No way. X does not stand because of B. Therefore, A still applies.
The…
Greendrake
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Are lawyers allowed to contact potential clients?
Would it be inappropriate for a lawyer to proactively find/contact people who might need legal representation and offer them their services? Would it be against any code of conduct or similar?
The lawyer could have learned about someone in need for…
Greendrake
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Is the Code of Conduct of an institution legally binding in the UK?
Suppose there is a public institution (i.e. funded by the government using tax payers' money) in England that was set up through a Royal Charter. The institution has a Code of Conduct for a specific type of activity being carried out by this…
RockTheBoat
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