What is CONTEMPT OF COURT? Definition of CONTEMPT OF COURT in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
Any act which is calculated to embarrass, hinder, or obstruct court in administration of justice, or which is calculated to lessen its authority or its dignity. Ex parte Hobrook, 133 Me. 276, 177 A. 418, 420. Committed by a person who does any act in willful contravention of its authority or dignity, or tending to impede or frustrate the administration of justice, or by one who, being under the court's authority as a party to a proceeding therein, will fully disobeys its lawful orders or fails to comply with an undertaking which he has given. Snow v. Hawkes, 183 N.C. 365, 111 S.E. 621, 622, 23 A.L.R. 183.
Classification
Contempts are of two kinds, direct and constructive.
Direct contempts are those committed in the immediate view and presence of the court (such as insulting language or acts of violence) or so near the presence of the court as to obstruct or interrupt the due and orderly course of proceedings. These are punishable summarily. They are also called "criminal" contempts, but that term is better used in contrast with "civil" contempts. See infra. State v. McClaugherty, 33 W.Va. 250, 10 S.E. 407. Pelletier v. Glacier County, Mont., 107 Mont. 221, 82 P.2d 595, 597.
Constructive (or indirect) contempts are those which arise from matters not occurring in or near the presence of the court, but which tend to obstruct or defeat the administration of justice, and the term is chiefly used with reference to the failure or refusal of a party to obey a lawful order, injunction, or decree of the court laying upon him a duty of action or forbearance. Maryott v. Maryott, 124 Neb. 274, 246 N.W. 343.
Constructive contempts were formerly called "consequential," and this term is still in occasional use.
Contempts are also classed as civil or criminal. The former are those quasi contempts which consists in the failure to do something which the party is ordered by the court to do for the benefit or advantage of another party to the proceeding before the court, while criminal contempts are acts done in disrespect of the court or its process or which obstruct the administration of justice or tend to bring the court into disrespect. A civil contempt is not an offense against the dignity of the court, but against the party in whose behalf the mandate of the court was issued, and a fine is imposed for his indemnity. But criminal contempts are offenses or injuries offered to the court, and a fine or imprisonment is imposed upon the contemnor for the purpose of punishment. Staley v. South Jersey Realty Co., 90 A. 1042, 1043, 83 N.J.Eq. 300, L.R.A.1917B, 113, Ann.Cas.1916E, 955; Fenton v. Walling, C.C.A.Cal., 139 F.2d 608, 609.
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That's the definition of CONTEMPT OF COURT in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.
