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Making false statements (18 U.S.C. § 1001) is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, [1] even by merely ...
Case history; Prior: Franks v. State, 373 A.2d 578 (Del. 1977): Subsequent: Franks v. State, 398 A.2d 783 (Del. 1979): Holding; Where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.
United States v. Throckmorton (98 U.S. 61) is an 1878 decision of the U.S. Supreme Court on civil procedure, specifically res judicata, in cases heard at equity.A unanimous Court affirmed an appeal of a decision by the District Court for California upholding a Mexican-era land claim, holding that collateral estoppel bars untimely motions to set aside the verdict where the purportedly ...
A daily look at legal news and the business of law: GMAC Halts Some Foreclosures Because It Filed "Technically" False Court Documents In foreclosure actions, a bank has to prove it owns the mortgage.
In legal practice, the condition of suborning perjury applies to an attorney who presents either testimony or an affidavit, or both, either to a judge or to a jury, which the attorney knows to be materially false, and not factual. In civil law and in criminal law, the attorney's knowledge that the testimony is materially false must rise above ...
California Civil Code § 3369, enacted in 1872, was California's early unfair competition statute. It "addressed only the availability of civil remedies for business violations in cases of penalty, forfeiture, and criminal violation." [3] A 1933 amendment expanded the law to prohibit "any person [from] performing an act of unfair competition."
In the civil law system, the courts, whether consisting only of judges or featuring a jury, have wide latitude to appreciate the evidence brought before them. [Note: Louisiana, a civil-law jurisdiction, does not share the above referenced feature generally found in civil-law jurisdictions. With few exceptions, Louisiana follows rules predicated ...
Sewer service, where a default judgement is obtained by fraud by not properly notifying the defendant that they are being sued, may result in a motion to vacate the default judgement, [33] a civil lawsuit against a dishonest plaintiff or process server, or criminal charges for swearing a false affidavit. [34]