Written by attorneys · grounded in primary & secondary sources — see below
A false or counterfeit statement, document, or act that misrepresents the truth or lacks authenticity.
Sources & Authorities
How it applies
Common Examples
6
Lawyer Presents Faux Fact to Tribunal
Francesca Fowler represents a client in a sentencing hearing and states to the judge that her client has no criminal record. She knows the statement is untrue because the client has a prior conviction she reviewed in discovery. The judge relies on the representation when imposing a lighter sentence.
Confinement Based on Faux Authority
Forrest Falconer, a security guard, orders Flora Ford to remain in a store office after accusing her of shoplifting. He has no legal basis for the detention and admits later that the accusation was fabricated. Flora is held for two hours before being released without charges.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Finn Fletcher executes a revocation of his will after his lawyer tells him that a prior bequest to his niece is invalid under state law. The lawyer's advice is mistaken. Fletcher later learns the bequest was valid and seeks to restore the original will.
Impeachment with Faux Statement Crime
Felicia Fuentes testifies in a civil trial. The opposing party offers her prior conviction for making a false statement on a loan application. The court admits the conviction because the elements of the crime required proof of a dishonest act.
Faux Light Claim Barred by Truth
Franklin Foundry publishes an article stating that a competitor's product failed safety tests. The article is substantially accurate. The competitor sues for false light but the court dismisses the claim because the reporting rests on protected truthful speech.
Holder Takes Instrument Free of Faux Indicators
Freeman Engineering receives a promissory note in payment for goods. The note shows no signs of alteration or forgery on its face. Freeman qualifies as a holder in due course because the instrument appears regular and authentic.
Common questions
Frequently Asked
5
What does faux mean in the context of professional conduct rules?+
Faux describes a false statement of fact or law made to a tribunal. A lawyer violates the rule by knowingly presenting such a statement or failing to correct one previously made.
How does faux relate to false imprisonment liability?+
Faux conduct can support liability when an actor intentionally confines another without legal authority. The confinement must be complete and result directly from the actor's conduct.
When is a will revocation ineffective due to a faux belief?+
A revocation is presumptively ineffective if made because of a false assumption of law or fact that is recited in the instrument or proved by clear and convincing evidence.
What crimes qualify as involving a faux statement for impeachment?+
Any crime whose elements require proof of a dishonest act or false statement is admissible for impeachment regardless of punishment.
Why does a substantially true report defeat a faux light claim?+
A false light claim fails when the publication is substantially true or constitutes protected opinion because the tort cannot circumvent First Amendment protections for truthful speech.
376 U.S. 254 (1964)Remedies
…that he had approved the advertisement for publication because he knew nothing to cause him to believe that anything in it was false, and because it bore the endorsement of "a number of people who are well known and whose reputation" he "had no reason to question." Neither he nor anyone else at the Times made an effort…