17
votes
Accepted
Personal Misconduct That May Result in a Lawyer's Censure or Disbarment
The Texas Disciplinary Rules of Professional Conduct govern the issue of the grounds upon which lawyers admitted to practice in Texas may receive professional discipline such as censures, suspension ...
- 240k
14
votes
Accepted
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?
The U.S. Uniform Commercial Code (UCC) may be closer to an answer. Having established that it is false advertising (and there may be state-specific laws on this and, assuming the product crossed ...
- 172
14
votes
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?
united-states
In U.S. law, this probably wouldn't be the basis for a civil action unless the publication was such that the author having a PhD was a necessary part of its value (e.g. an expert witness ...
- 240k
11
votes
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?
germany has a specific criminal offense for this (§132a StGB, abuse of titles, job designations, and insignia). The job designations in this law are an enumerated set like "physician" or &...
- 20.5k
10
votes
Personal Misconduct That May Result in a Lawyer's Censure or Disbarment
All state bar associations have written ethical standards - personal and professional - for any attorney who has been admitted to practice, as well as disciplinary processes for enforcing those ...
- 19k
10
votes
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?
england-and-walesnorthern-ireland
It is capable of being fraud. Whether it is or not depends on the author's state of mind.
It will be fraud if all of the following elements are met under Section 2 of ...
- 10.3k
9
votes
Accepted
Imbler v. Pachtman and Texas prosecutor Ken Anderson
Imbler says that a prosecutor is immune from civil damages in suits brought under Section 1983.
The Court made a point of noting that it was not shielding protectors from criminal penalties:
We ...
- 61.8k
7
votes
Can a police officer be charged with despotism?
To the best of my knowledge, there is no crime under US law known as "despotism". However, many of the actions that might be called "despotism" are crimes, civil violations, or ...
- 115k
7
votes
Can a judge make it case law that 2×2=5?
Appellate judges make holdings on matters of law, and generally defer to the fact-finder in a given case (the jury, or sometimes the judge) on factual matters relevant to a case. So in a case that ...
- 887
6
votes
Exclusionary Rule and testimony
First, if the police officer had reasonable cause to believe that a crime was in progress then the search would not be illegal in the first place. However, let's assume the search was illegal.
...
- 227k
5
votes
If a judge says in court that he trusts the other party would this amount to judicial misconduct?
A Judge, particularly in a custody case, is supposed to form opinions on who is trustworthy. But the Judge saying that he trusts Janice need not mean that the Judge will rule against Bob, and is not ...
- 115k
5
votes
Dealing with drunken guy harassing us over anti-vaxxer and conspiracy theories, and cops won't do a thing?
The Missouri trespass law is here. The police will not detain a person for expressing himself, even repeatedly, though a court order to stay away would change things. The law says
A person does not ...
- 217k
5
votes
Can a judge be removed from a trial for bias?
A party can ask a judge to recuse at the outset of a case for bias or other reasons (e.g. a family connection to a party). Generally, a judge rules on that motion personally and it is an interlocutory ...
- 240k
4
votes
Accepted
Permissibility of ex-parte communication for judges in the US
Was/is it permissible for judges in the US to talk ex-parte like that?
No. Ex parte interactions of that sort are not allowed. See, for instance, Disciplinary Counsel v. Bachman, 2020-Ohio-732 (Dec. ...
- 45.5k
3
votes
Imbler v. Pachtman and Texas prosecutor Ken Anderson
The main reason was that there was no trial or argumentation, he negotiated a light sentence for entering a plea of nolo contendere to a charge of criminal contempt. The holding in Imbler v. Pahctman ...
- 217k
3
votes
Can a judge make it case law that 2×2=5?
united-states
Will the judge not face any disciplinary consequences but just public
outcry and reputation damages?
The judge will be absolutely immune from civil liability for this decision. A ...
- 240k
3
votes
If a judge says in court that he trusts the other party would this amount to judicial misconduct?
Generally, in a trial (except a bench trial), a judge is exclusively a "trier of law", which means that they concern themselves with running the trial in a legal matter, and resolving ...
- 8,879
3
votes
Permissibility of ex-parte communication for judges in the US
The prohibition is primarily on the parties communicating ex parte with the judge. The point is to ban communications that one party may use to gain advantage in a case that the other party does not ...
- 240k
3
votes
Can police receive prison time for misconduct?
There is no crime of "police misconduct" in the US, but murder or theft are certainly crimes which would qualify as "police misconduct". To take a real case, an officer in Georgia was convicted of ...
- 217k
2
votes
Can a Judical Misconduct Complaint be read or searched for?
It cannot until the complaint has been ruled on. Examples of specific complaints can be found online only if the author(s) publishes them after the Court has ruled on it, or the court issues an order ...
- 439
2
votes
Does this conduct amount to any actionable judicial bias?
Judges generally have wide discretion on scheduling issues. If Rob's law firm X was indeed closed on the scheduled date that is reason enough to postpone, and that kind of postponement need not be ...
- 115k
1
vote
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?
This is clearly fraud
While the nuances differ between jurisdictions, the essence of fraud is dishonestly obtaining benefit by wilful deception. The situation you describe ticks all the boxes.
In ...
- 227k
1
vote
Can it be judicial misconduct to not rebut arguments of losing party?
A judge does not have to address every argument raised in their judgement
Otherwise every judgement would be absurdly long.
All the judgement needs to demonstrate is that the judge turned their mind ...
- 227k
1
vote
Can police receive prison time for misconduct?
For a police officer, there's a usually a difference between "misconduct" and "committing a crime", and another difference between "committing a crime" and "committing a crime that gets you sent to ...
- 35.4k
1
vote
Is the Code of Conduct of an institution legally binding in the UK?
Despite your second paragraph, whether officials a Code of Conduct is legally binding is not the same question as whether the officials subject to it can be "held to account by the law". Decisions ...
- 4,650
Only top scored, non community-wiki answers of a minimum length are eligible