Slick Willy Flashcards
1
Q
what are the elements of perjury
A
- false statements
- made knowingly and willfully (intent to deceive)
- under oath
- material to the preceding
2
Q
what is a false statement
A
false written or oral statement OR withholding info you are under a duty to provide
3
Q
can you give a false statement when not under oath
A
yes
4
Q
how material does a false statement have to be?
A
just enough to influence the way the fed agency functions – low bar
5
Q
are literally true statements perjury
A
no
6
Q
can you do the exculpatory no
A
NO
7
Q
what are the elements of obstruction of justice
A
- corrupt obstruction or impediment of due administration of justice (mens rea = corrupt purpose)
- nexus requirement – must be related to a pending judicial or grand jury
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