omnibus clause การใช้
- The " omnibus clause " of s1503, under which respondent was charged, provides:
- A very common omnibus clause deals with automobile liability insurance.
- L . 97-291, 96 Stat . 1249-1250, 1253, his witness-related conduct is no longer punishable under the omnibus clause of s1503.
- Indeed, given the already broad terms of the other clauses in s1503, to limit the omnibus clause in the manner respondent urges would render it superfluous.
- The 1982 amendment, however, did nothing to alter the omnibus clause, which by its terms encompasses corrupt " endeavors to influence, obstruct, or impede, the due administration of justice ."
- Respondent was charged with a violation of the Omnibus Clause, to wit : with " corruptly endeavor ( ing ) to influence, obstruct and impede the . . . grand jury investigation ."
- The fact that there is now some overlap between s1503 and s1512 is no more intolerable than the fact that there is some overlap between the omnibus clause of s1503 and the other provisions of s1503 itself.
- The court read the corrupt persuasion prohibited by s1512 to require an active attempt to persuade a witness to tell a false story, and used the language in s1512 as a guide to interpret the omnibus clause of s1503 narrowly.
- First, invoking the interpretive canon of ejusdem generis, he argues that, since all the rest of s1503 refers only to actions directed at jurors and court officers, ( footnote 3 ) the omnibus clause cannot apply to actions directed at witnesses.
- Although something of a catch-all, the omnibus clause is not a general or collective term following a list of specific items to which a particular statutory command is applicable ( e . g ., " fishing rods, nets, hooks, bobbers, sinkers, and other equipment " ).
- Respondent argues that the term " corruptly " is vague and overbroad as applied to the type of conduct at issue in this case and that Congress narrowed the scope of the omnibus clause when it expressly punished his conduct in 18 U . S . C . s1512.
- The omnibus clause at Wikipedia : Medical disclaimer is already there, and should cover us, the same as no legal advice, no financial advice, no personal relations advice, etc . If we present things properly, no problem exists by definition, IMO . Crum375 14 : 24, 20 January 2007 ( UTC)
- By limiting s1503 to acts having the " natural and probable effect " of interfering with the due administration of justice, the Court effectively reads the word " endeavor, " which we said in Russell embraced " any effort or essay " to obstruct justice, 255 U . S ., at 143, out of the omnibus clause, leaving a prohibition of only actual obstruction and competent attempts.