CONDUCT

conduct,n. Personal behavior, whether by action or inaction; the manner in which a person behaves. • Conduct does not include the actor’s natural death or a death that results from behavior consciously engaged in but not reasonably expected to have this result. — conduct,vb. “The word ‘conduct’ … covers both acts and omissions…. In cases in which a man is able to show that his conduct, whether in the form of action or of inaction, was involuntary, he must not be held liable for any harmful result produced by it ….” J.W. Cecil Turner, Kenny’s Outlines of Criminal Law 13 n.2, 24 (16th ed. 1952). active conduct.Behavior that involves a person doing something by exerting will on the external world. Cf. passive conduct. assertive conduct.Evidence. Nonverbal behavior that is intended to be a statement, such as pointing one’s finger to identify a suspect in a police lineup. • Assertive conduct is a statement under the hearsay rule, and thus it is not admissible unless a hearsay exception applies. Fed. R. Evid. 801(a)(2). — Also termed implied assertion. [Cases: Criminal Law  419(2.10); Evidence  314(1). C.J.S. Criminal Law §§ 869, 871–876; Evidence§§ 259–266, 268, 270–272, 279–280, 283–284, 319.] contumacious conduct (kon-t[y]oo-may-sh<<schwa>>s). A willful disobedience of a court order. See CON-TUMACY. [Cases: Contempt  20. C.J.S. Contempt §§ 14, 17.] conduct.Behavior that tends to disturb the public peace, offend public morals, or undermine public safety. See BREACH OF THE PEACE. [Cases: Disorderly Conduct  1. C.J.S. Disorderly Conduct §§ 2–5.] “At common law there was no offense known as disorderly conduct, although the offense of breaching the peace made many public disturbances criminal. In addition, this offense could be based on behavior that might cause another to respond in a violent manner even though the party guilty of the breach of the peace acted quietly or secretly, as when a person challenged someone to a duel. The enactment of statutes making disorderly conduct punishable went beyond the common-law notion of a breach of the peace by including behavior that merely tended to disturb the safety, health, or morals of others or that was intended only to annoy another. Further definitions were added later.” Francis Barry McCarthy, “Vagrancy and Disorderly Conduct,” in 4 Encyclopedia of Crime and Justice 1589, 1589 (Sanford H. Kadish ed., 1983). disruptive conduct.Disorderly conduct in the context of a governmental proceeding. See nonassertive conduct.Evidence. Nonverbal behavior that is not intended to be a statement, such as fainting while being questioned as a suspect by a police officer. • Nonassertive conduct is not a statement under the hearsay rule, and thus it is admissible. Fed. R. Evid. 801. [Cases: Criminal Law  419(2.10); Evidence  314(1). C.J.S. Criminal Law §§ 869, 871–876; Evidence§§ 259–266, 268, 270–272, 279–280, 283–284, 319.] outrageous conduct.Conduct so extreme that it exceeds all reasonable bounds of human decency. See EMO-TIONAL DISTRESS. [Cases: Damages  50.10. C.J.S. Damages §§ 95, 98–104; Torts §§ 67–75, 78.] passive conduct.Behavior that does not involve exerting will on the external world. Cf. active conduct. tortious conduct.An act or omission that subjects the actor to liability under the principles of tort law. unprofessional conduct.Behavior that is immoral, unethical, or dishonorable, esp. when judged by the standards of the actor’s profession. unreasonably dangerous conduct.Conduct that involves undue risk under the circumstances. — Sometimes shortened to dangerous conduct. — Also termed unduly dangerous conduct. wrongful conduct.An act taken in violation of a legal duty; an act that unjustly infringes on another’s rights. — Also termed wrongful act. [Cases: Torts  10(3), 12. C.J.S. Torts §§ 53–54, 59–65.] [Blacks Law 8th]