Slick Willy Flashcards

1
Q

what are the elements of perjury

A
  1. false statements
  2. made knowingly and willfully (intent to deceive)
  3. under oath
  4. material to the preceding
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what is a false statement

A

false written or oral statement OR withholding info you are under a duty to provide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

can you give a false statement when not under oath

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

how material does a false statement have to be?

A

just enough to influence the way the fed agency functions – low bar

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

are literally true statements perjury

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

can you do the exculpatory no

A

NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what are the elements of obstruction of justice

A
  1. corrupt obstruction or impediment of due administration of justice (mens rea = corrupt purpose)
  2. nexus requirement – must be related to a pending judicial or grand jury
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what does the act have to involve for obstruction of justice

A
  • act must have a relationship in time, causation, or logic with judicial proceedings
  • must have natural and probable effect of interfering with due administration of justice
  • don’t have to achieve it, merely endeavoring to is enough
  • if you don’t know your actions are likely to affect a judicial proceeding, you lack intent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly