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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Legal Definitions - scandal
Definition of scandal
The term "scandal" generally refers to actions, events, or revelations that are widely considered disgraceful, shameful, or morally offensive, often leading to public outrage, damage to reputation, or a loss of trust.
In a more specific legal context, particularly when referring to documents filed in court (known as pleadings), "scandalous matter" refers to allegations that are not only offensive or damaging to someone's character but are also completely irrelevant or unnecessary to the legal issues being decided in the case. If an allegation, even if it describes offensive conduct, is directly pertinent and material to proving a claim or defense, it is generally not considered scandalous in a legal sense because it is essential for the court to consider.
Here are some examples illustrating the concept of scandal:
- Public Scandal: A prominent university president is discovered to have plagiarized significant portions of their academic research throughout their career. This revelation leads to widespread media condemnation, calls for their resignation, and a significant blow to the university's reputation.
Explanation: This situation illustrates "scandal" in its general sense, as the president's actions are disgraceful, shameful, and cause significant public and institutional reputational damage, leading to widespread outrage.
- Scandalous Matter in Legal Pleadings (Irrelevant Attack): In a lawsuit concerning a property line dispute between neighbors, one neighbor's lawyer includes a lengthy section in their court filing detailing the opposing neighbor's alleged history of tax evasion and past arrests for minor offenses, none of which have any connection to the boundary dispute.
Explanation: This is an example of "scandalous matter" in legal pleadings. The allegations about tax evasion and past arrests are offensive and damaging to the opposing neighbor's character, but they are entirely irrelevant to the property line dispute. A court would likely order these portions removed from the filing because they are unnecessary and serve only to embarrass or prejudice the other party.
- Not Scandalous (Relevant but Offensive): In a lawsuit alleging a business partner committed embezzlement, the plaintiff's lawyer files a complaint detailing how the defendant systematically diverted company funds into personal accounts, forged signatures on checks, and created fictitious invoices to cover their tracks. While these allegations are highly damaging and accuse the defendant of serious criminal behavior, they are central to proving the embezzlement claim.
Explanation: Although the allegations are offensive and accuse the defendant of serious wrongdoing, they are not considered "scandalous matter" in a legal pleading because they are directly relevant and necessary to the plaintiff's claim of embezzlement. The court needs to hear these facts to decide the case, even if they are damaging to the defendant's character.
Simple Definition
Scandal generally refers to disgraceful or shameful acts, or defamatory reports and rumors about such conduct. In a legal pleading, it specifically describes allegations that are offensive, indecent, or unnecessarily attack someone's character, but only if such allegations are also irrelevant to the case; if pertinent and material, they are not considered scandalous.