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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 ...
Using the courts and the justice system (opposite of self-help) vinculum iuris: the chain of the law A legal bond, especially the bond tying obligor and obligee in a legal obligation vis maior: superior force Force majeure arising from an act of God, i.e. events over which humans have no control, and so cannot be held liable.
From the creation of the federal courts by the Judiciary Act of 1789, judges had the power to summarily punish those who obstructed justice by holding them in contempt of court. [19] [20] A scandal in 1830 led to reform of the contempt law and the creation of obstruction of justice as a separate offense.
Process crimes lend themselves to being prosecuted regardless of the actual harm done to the furtherance of justice. [7] They are therefore frequently a basis for "pretextual prosecutions", a prosecutorial tactic in which "prosecutors target defendants based on suspicion of one crime but prosecute them for another". [8]
The 1st century letter of Saint Paul to the Corinthians (specifically 2 Corinthians 3:6) refers to the spirit and letter of the law. Though it is not quoted directly, the principle is applied using the words "spirit" and "letter" in context with the legalistic view of the Hebrew Bible. This is the first recorded use of the phrase.
Such citations and abbreviations are found in court decisions, statutes, regulations, journal articles, books, and other documents. Below is a basic list of very common abbreviations. Because publishers adopt different practices regarding how abbreviations are printed, one may find abbreviations with or without periods for each letter.
Within the federal court system, Rule 18 of the Federal Rules of Criminal Procedure specifies which federal court may hear a particular criminal case: Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed.
A citation, traffic violation ticket, or notice to appear is a type of summons prepared and served at the scene of the occurrence by a law enforcement official, compelling the appearance of a defendant before the local magistrate within a certain period of time to answer for a minor traffic infraction, misdemeanor, or other summary offence.