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"Fraud Upon the Court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.
1. In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted."
In In Kenner v. C.I.R., 387 F.3d 689 (1968) the 7th Circuit Court of Appeals further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final." Under Federal law, when any officer of the court has committed "fraud upon the court", the orders and judgment of that court are void; of no legal force or effect.
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Is perjury by an officer of the law in court considered malicious prosecution?
No
What is criminal misconduct?
This Is An Example Of Police Misconduct: youtu.be/1AA9hEt4vd4
Can a police officer be charged for sexual misconduct within strathclyde police?
Yes
Misconduct on badmenton?
Attacking your opponent with your racketshoving your 'shuttlecock' in their facechasing them around the court
Can you still get unemployment if you had a court case on you?
If you were fired for criminal misconduct it is likely that you will not get unemployment.
Does workplace violence on inaminate objects constitute misconduct or gross misconduct?
Yes, specifically if the object was private and/or personal property. Misconduct is either a misdemeanor or a felony depending on who interprets the conduct. As an example, if you intentionally break a store display dummy, that could be considered misconduct. If you set fire to it, it could be considered gross misconduct as the element of fire could have caused bodily harm to others. T. Recio Consulting
Would punching open a bathroom stall door at work be considered misconduct?
It is dependant on where you work. You should check the contract you signed when you joined, but yes it could well be considered as misconduct - if anyone saw you that is.
Does this constitute gross misconduct An employee telling there manager they are crap and that they have not learned anything from them.?
Yes. any disrespect to other employees, or the company can be considered misconduct.
Can a police officer file slander charges for claims of sexual misconduct which damage their reputation when the claims are baseless?
POTATO POTATO
If police officer lied is his police department sued for his actions?
A police department can be sued for the criminal misconduct by one of its officers, if the misconduct pertains to something done during the course of their duties or otherwise related to their duties as a police officer. However, if a police officer lies to a woman at a bar in order to have a one night stand, for example, that wouldn't be grounds to sue the police department.
Why does Greg think he should leave?
If your question is in regard to Captain Greg McWherter, he was relieved from his job in April of 2014 due to misconduct, but no details were given as to the type of misconduct. McWherter was the commanding officer of the famous Blue Angels.
What are the two means by which a federal court may acquire jurisdiction over a police misconduct suit?
(1) If the law being enforced at the time the alleged misconduct occurred was a federal law. and (2) if the misconduct rose to the level of a Constitutional issue (e.g.; Miranda v Arizona, which rose to the US Supreme Court and gave rise to the so-called "Miranda Rights" decision).
