misconduct (mis-kon-d<<schwa>>kt).1. A dereliction of duty; unlawful or improper


affirmative misconduct. 1. An affirmative act of misrepresentation or concealment of a material fact; intentional wrongful behavior. • Some courts hold that there must be an ongoing pattern of misrepresentation or false promises, as opposed to an isolated act of providing misinformation. 2. With respect to a claim of estoppel against the federal government, a misrepresentation or concealment of a material fact by a government employee — beyond a merely innocent or negligent misrepresentation. [Cases: Estoppel 62.2(3, 4).C.J.S. Estoppel §§

174, 177–182.]

juror misconduct.A juror’s violation of the court’s charge or the law, committed either during trial or in deliberations after trial, such as (1) communicating about the case with outsiders, witnesses, attorneys, bailiffs, or judges, (2) bringing into the jury room information relating to the case but not in evidence, and (3) conducting experiments regarding theories of the case outside the court’s presence. [Cases: Criminal Law 855; Federal Civil Procedure 1974; Trial 304–311.

C.J.S. Criminal Law § 1365; Trial §§ 775–799, 803–808, 813–814.] misconduct in office.See official misconduct.

official misconduct.A public officer’s corrupt violation of assigned duties by malfeasance, misfeasance, or nonfeasance. — Also termed misconduct in office; misbehavior in office; malconduct in office; misdemeanor in office; corruption in office; official corruption; political corruption. [Cases: Officers and Public Employees 121. C.J.S. Officers and Public Employees §§ 329–334.]

wanton misconduct.An act, or a failure to act when there is a duty to do so, in reckless disregard of another’s rights, coupled with the knowledge that injury will probably result. — Also termed wanton and reckless misconduct. [Cases: Negligence 275. C.J.S. Negligence §§ 98–103,


willful and wanton misconduct.Conduct committed with an intentional or reckless disregard for the safety of others, as by failing to exercise ordinary care to prevent a known danger or to discover a danger. — Also termed willful indifference to the safety of others. [Cases: Automobiles

181(1); Negligence 275. C.J.S. Motor Vehicles §§ 793–794, 796, 798–804, 807, 810;

Negligence §§ 98–103, 106–113.]

willful misconduct.Misconduct committed voluntarily and intentionally. [Cases: Carriers

307(6.1); Negligence 275; Social Security and Public Welfare 388. C.J.S. Negligence §§ 98–103, 106–113; Social Security and Public Welfare § 220.]

“This term of art [willful misconduct] has defied definition, but it is clear that it means something more than negligence. Two classic examples of misconduct which will defeat the seaman’s claim are intoxication and venereal disease.” Frank L. Maraist, Admiralty in a Nutshell 185–86 (3d ed. 1996).

willful misconduct of an employee.The deliberate disregard by an employee of the employer’s interests, including its work rules and standards of conduct, justifying a denial of unemployment compensation if the employee is terminated for the misconduct. [Cases: Social Security and Public Welfare 388. C.J.S. Social Security and Public Welfare § 220.]

2. An attorney’s dishonesty or attempt to persuade a court or jury by using deceptive or reprehensible methods. [Cases: Criminal Law 700(1); Federal Civil Procedure 1970; Trial 113. C.J.S. Criminal Law §§ 486, 490, 495–496, 1233–1234, 1236, 1252; Trial § 318.]

[Blacks Law 8th]