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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.
What else can I help you with?
Is perjury by an officer of the law in court considered malicious prosecution?
No
What is criminal misconduct?
Knowing that what they are about to do is wrong, and then doing it anyway. That will be misconduct of a criminal nature by an officer.
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.
Is it misconduct if a court appointed law guardian represents one parent in court and not the child they are appointed for?
Yes, it is generally considered a conflict of interest and misconduct if a court-appointed law guardian represents one parent instead of the child they are assigned to represent. The primary role of a law guardian is to advocate for the best interests of the child, and representing a parent can compromise that duty. Such actions could undermine the integrity of the legal process and the rights of the child involved.
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.
What is the name given to an officer of the court charged with the responsibility of enforcing the judgment or order of the court?
The bailiff is an officer of the court charged with the responsibility of enforcing the judgment or order of the court.
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.
Can a police officer file slander charges for claims of sexual misconduct which damage their reputation when the claims are baseless?
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