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Falsely Accusing
A false accusation is a claim or allegation of wrongdoing that is untrue and/or otherwise unsupported by facts. False accusations are also known as groundless accusations or unfounded accusations or false allegations or false claims. They can occur in any of the following contexts: * Informally in everyday life * Quasi-judicially * Judicially Types When there is insufficient supporting evidence to determine whether it is true or false, an accusation is described as "unsubstantiated" or "unfounded". Accusations that are determined to be false based on corroborating evidence can be divided into three categories: * A completely false allegation, in that the alleged events did not occur. * An allegation that describes events that did occur, but were perpetrated by an individual who is not accused, and in which the accused person is innocent. * An allegation that is false, in that it mixes descriptions of events that actually happened with other events that did not occur. A false allega ...
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Quasi-judicial
A quasi-judicial body is non-judicial body which can interpret law. It is an entity such as an Arbitration, arbitration panel or tribunal, tribunal board, that can be a public administrative agency but also a contract- or private law entity, which has been given powers and procedures resembling those of a court of law or judge, and which is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and they may affect the legal rights, duties or privileges of specific parties.''West's Encyclopedia of American Law'', edition 2. Copyright 2008 The Gale Group, Inc. Powers Such bodies usually have powers of adjudication in such matters as: * breach of discipline * code of conduct, conduct rules * trust in the matters of money or otherwise Their powers are usually limited to a very specific area of expertise and authority, such as land use and ...
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Black Propaganda
Black propaganda is a form of propaganda intended to create the impression that it was created by those it is supposed to discredit. Black propaganda contrasts with gray propaganda, which does not identify its source, as well as white propaganda, which does not disguise its origins at all. It is typically used to vilify or embarrass the enemy through misrepresentation. The major characteristic of black propaganda is that the audience are not aware that someone is influencing them, and do not feel that they are being pushed in a certain direction. Black propaganda purports to emanate from a source other than the true source. This type of propaganda is associated with covert psychological operations. Sometimes the source is concealed or credited to a false authority and spreads lies, fabrications, and deceptions. Black propaganda is the "big lie", including all types of creative deceit.Jowett, Garth S., Garth Jowett, Victoria O'Donnell. 2006. Sage Publications, Thousand Oaks, Cali ...
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Presumption Of Guilt
A presumption of guilt is any presumption within the criminal justice system that a person is guilty of a crime, for example a presumption that a suspect is guilty unless or until proven to be innocent. Such a presumption may legitimately arise from a rule of law or a procedural rule of the court or other adjudicating body which determines how the facts in the case are to be proved, and may be either rebuttable or irrebuttable. An irrebuttable presumption of fact may not be challenged by the defense, and the presumed fact is taken as having been proved. A rebuttable presumption shifts the burden of proof onto the defense, who must collect and present evidence to prove the suspect's innocence, in order to obtain acquittal. Rebuttable presumptions of fact, arising during the course of a trial as a result of specific factual situations (for example that the accused has taken flight), are common; but an opening presumption of guilt based on the mere fact that the suspect has been ...
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Paranoia
Paranoia is an instinct or thought process that is believed to be heavily influenced by anxiety or fear, often to the point of delusion and irrationality. Paranoid thinking typically includes persecutory beliefs, or beliefs of conspiracy concerning a perceived threat towards oneself (i.e. ''"Everyone is out to get me"''). Paranoia is distinct from phobias, which also involve irrational fear, but usually no blame. Making false accusations and the general distrust of other people also frequently accompany paranoia. For example, a paranoid person might believe an incident was intentional when most people would view it as an accident or coincidence. Paranoia is a central symptom of psychosis.Green, C., Freeman, D., Kuipers, E., Bebbington, P., Fowler, D., Dunn, G., & Garety, P. (2008). Measuring ideas of persecution and social reference: the Green et al. Paranoid Thought Scales (GPTS). ''Psychological Medicine, 38'', 101 - 111. Signs and symptoms A common symptom of paranoia is the ...
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Legal Abuse
{{Commonscat Articles that pertain, directly or indirectly, to improper use of the legal system, or to abuse ''by'' the legal system, or to allegations thereof. Law by issue Legal ethics Practice of law Sociology of law Lawsuits Abuse ...
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False Statement
A false statement is a statement that is not true. Although the word ''fallacy'' is sometimes used as a synonym for ''false statement'', that is not how the word is used in philosophy, mathematics, logic and most formal contexts. A false statement need not be a lie. A lie is a statement that is known to be untrue and is used to mislead. A false statement is a statement that is untrue but not necessarily told to mislead, as a statement given by someone who does not know it is untrue. Examples of false statements ;Misleading statement (lie) John told his little brother that sea otters aren't mammals, but fish, even though John himself was a marine biologist and knew otherwise. John simply wanted to see his little brother fail his class report, in order to teach him to begin projects early, which help him develop skills necessary to succeed in life. ;Statement made out of ignorance James, John's brother, stated in his class report that sea otters were fish. James got an F after his t ...
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False Imprisonment
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus. Under common law, false imprisonment is both a crime and a tort. Imprisonment Within the context of false imprisonment, an imprisonment occurs when a person is restrained from moving from a location or bounded area, as a result of a wrongful intentional act, such as the use of force, threat, coercion, or abuse of authority. Detention that is not false imprisonment Not all acts of involuntary detention amount to false imprisonment. An accidental detention will not support a claim ...
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False Evidence
False evidence, fabricated evidence, forged evidence, fake evidence or tainted evidence is information created or obtained illegally in order to sway the verdict in a court case. Falsified evidence could be created by either side in a case (including the police/prosecution in a criminal case), or by someone sympathetic to either side. Misleading by suppressing evidence can also be considered a form of false evidence ( by omission); however, in some cases, suppressed evidence is excluded because it cannot be proved the accused was aware of the items found or of their location. The analysis of evidence (forensic evidence) may also be forged if the person doing the forensic work finds it easier to fabricate evidence and test results than to perform the actual work involved. Parallel construction is a form of false evidence in which the evidence is truthful but its origins are untruthfully described, at times in order to avoid evidence being excluded as inadmissible due to unlawfu ...
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False Conviction
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation. Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness misidentification; faulty forensic analysis; false confessions by vulnerable suspects; perjury and lies stated by witnesses; misconduct by police, prosecutors or judges; and/or ineffective assistance of counsel (e.g., inadequate defense strategies by the defendant's or respondent's legal team). Some p ...
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False Claims Act
The False Claims Act (FCA), also called the "Lincoln Law", is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal government's primary litigation tool in combating fraud against the government. The law includes a ''qui tam'' provision that allows people who are not affiliated with the government, called "relators" under the law, to file actions on behalf of the government. This is informally called "whistleblowing", especially when the relator is employed by the organization accused in the suit. Persons filing actions under the Act stand to receive a portion (15–30%, depending on certain factors) of any recovered damages. As of 2019, over 71% of all FCA actions were initiated by whistleblowers. Claims under the law have typically involved health care, military, or other government spending programs, and dominate the list of largest pharmaceutical settlements. Between 1987 a ...
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False Arrest
False arrest, Unlawful arrest or Wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms. United Kingdom In the United Kingdom, a police officer may arrest a person if they are executing a warrant, if they have a "reasonable belief" that someone is involved in a criminal offence, or if they have a reasonable belief that someone is about to be involved in a criminal offence ''and'' it is necessary to arrest that person. Proof of wrongful arrest depends on proving that an officer did not have a reasonable belief and that it was not necessary to arrest someone. Most cases where unlawful arrest was determined emerge from a claim that an arrest was unnecessary. The specific legislation governing, in England and Wales, the r ...
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Defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ...
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