Also known as: favouritism · partiality · bias
Written by attorneys · grounded in primary & secondary sources — see below
A form of improper preference or selection based on factors other than merit. Such preference often appears as bias or prejudice that disqualifies a decision maker or permits impeachment of a witness.
Fernando Farrell sued Flagship Logistics for cargo damage. During cross-examination defense counsel offered evidence that Flagship had offered Fernando a cash payment to settle the claim. The court admitted the evidence to show that Fernando's testimony favoring Flagship was motivated by favoritism rather than truth.
Fiona Foster appeared before Judge Fulton in a contract dispute against Fulton Shipping. The judge's brother served as Fulton Shipping's vice president. Because the relationship demonstrated favoritism toward the company the judge recused herself from the proceeding.
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Forrest Falconer testified for the prosecution against Finn Fletcher. Defense counsel sought to cross-examine Forrest about his juvenile probation status. The court permitted the inquiry because the evidence could reveal favoritism toward the state in exchange for leniency.
Fisher Foods sued Foster Forge for a workplace injury. At trial the defense offered proof that Foster Forge carried liability insurance covering the claim. The court admitted the evidence solely to show that an expert witness had a financial incentive to favor the insured defendant.
During a sentencing hearing Judge Falconer repeatedly referred to the defendant's ethnicity while praising the victim's community. The comments manifested favoritism based on race and required the judge's disqualification under the judicial conduct rules.
Flagship Logistics challenged a county ordinance directing all waste to a government-owned transfer station. The ordinance granted the public facility preferential treatment over private haulers. The court upheld the measure because the favoritism served legitimate public objectives rather than economic protectionism.
Favoritism is a subset of bias that arises when a judge shows preference for one party based on non-merit factors such as personal relationships or group identity. Model Rules of Judicial Conduct Rule 2.11(A)(1) treats such favoritism as grounds for mandatory disqualification when it creates an appearance of partiality.
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Under Federal Rule of Evidence 408(b) settlement evidence is admissible when offered to show a witness's bias or prejudice. The rule permits the evidence to demonstrate that a witness is testifying favorably toward a party because of an undisclosed settlement agreement rather than because of the merits.
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No. When a flow-control ordinance favors a government-owned facility performing a traditional public function the measure receives more lenient review. The favoritism is permissible if motivated by legitimate public objectives rather than economic protectionism.
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…of the alleged libel, and that the Due Process and Equal Protection Clauses were violated by racial segregation and racial bias in the courtroom. The Times contends that the assumption of jurisdiction over its corporate person by the Alabama courts overreaches the territorial limits of the Due Process Clause. The…