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misconduct

Defined in 6 dictionaries — U.S. Code, Bouvier (1914), Black's (1910), Black's (1891), Anderson (1889), Abbott (1879)

United States Code

38 U.S.C. § 713 — in this section

The term "misconduct" includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.

38 U.S.C. § 714 — in this section

The term "misconduct" includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.

Show all 2 definitions and how they changed over time

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Unlawful behavior by a person intrusted in any degree with the administration of Justice, by which the rights of the parties and the justice of the case may have been affected. A verdict will be set aside when any of the Jury have been guilty of such misconduct: and a court will set aside an award if It has been obtained by the misconduct of an arbitrator; 2 Atk. 501, 504; 2 Chltt Bail. 44; 1 Salk. 71; 3 P. Wms. 362; 1 Dick. 66. See Kansas City M. & B. R. Co. v. Phillips, 98 Ala. 159, 13 South. 66; Wood River Bank V. Dodge, 36 Neb. 708, 55 N. W. 234. Under a statute having reference to a divorce dissolving the marriage contract because of the misconduct of the wife, it relates to adultery; Van Cleaf v. Burns, 133 N. Y. 640, 30 N. E. 661, 16 L. R. A. 542. See New Trial..'miscontinuance. In Practice. A con- ‘tinuance of a suit by undue process. Its effect is the same as a discontinuance. 2 Hawk. PI. Cr. 299; Jenk. Cent. Cas. 67.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Any unlawful conduct on the part of a person concerned in the administration of justice which is prejudicial to the rights of parties or to the right determination of the cause; as "misconduct of jurors," "misconduct of an arbitrator." The term is also used to express a dereliction from duty, injurious to another, on the part of one employed in a professional capacity, as an attorney at law, (Stage v. Stevens, 1 Denio [N. Y.] 267,) or a public officer, (Sinte v. Leach, 60 Me. 58, 11 Am. Rep. 172.)

A Dictionary of Law

Henry Campbell Black · 1891

Any unlawful conduct on the part of a person concerned in the administration of justice which is prejudicial to the rights of parties or to the right deter- Mination of the cause; as “misconduct of jurors,” “misconduct of an arbitrai Zr.” The term is also used to expressa dereliction from attorney at law, (1 Denio, 267,) or a public officer, (60 Me. 58.)

A Dictionary of Law

William C. Anderson · 1889

"Misconduct in office " was held to apply to a wrongful performance of an authorized act.' See Arbitrator; Attorney; Misdemeanor, 1; Verdict.

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

The expression misconduct in office, in a statute proriding for the removal of a register of deeds, is not limited to wrongful performance of such acts as the law expressly authorizes him to perform. State v. Leach, 60 Me. 58. The omission of an attorney to pay over money collected by him as attorney is a misconduct in a professional employment. Stage V. Stevens, 1 Den. 267. The statute (2 Rev. Stat. 542, § 10) providing for annulling the award of arbitrators for misconduct and misbehavior contemplates, by these terms, acts evincing unfairness or injustice, and not mere errors of judgment. Turnbull v. Martin, 37 How. Pt. 20.