What is CONSPIRACY? Definition of CONSPIRACY in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
In criminal law. A combination or confederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act, or some act which is innocent in itself, but becomes unlawful when done by the concerted action of the conspirators, or for the purpose of using criminal or unlawful means to the commission of an act not in itself unlawful. Pettibone v. U. S., 148 U.S. 197, 13 S.Ct. 542, 37 L.Ed. 419; Mitchell v. Hitchman Coal & Coke Co., C.C.A.W.Va., 214 F. 685, 708; Hamilton v. Cooley, 184 N.E. 568, 571, 99 Ind.App. 1; Browning v. Browning, 226 Mo. App. 322, 41 S.W.2d 860, 868.
A combination, or an agreement between two or more persons, for accomplishing an unlawful end or a lawful end by unlawful means. 4 B. & Ad. 345; Cumberland Telephone & Telegraph Co. v. Stevens, D.C.Miss., 274 F. 745, 746; Lauf v. E. G. Shinner & Co., C.C.A.Wis., 82 F.2d 68, 72; Morrison v. Goodspeed, 100 Colo. 470, 68 P.2d 458, 464.
A partnership in criminal purposes. Marino v. United States, C.C.A.Cal., 91 F.2d 691, 113 A.L.R. 975.
The essence of "conspiracy" is an agreement, together with an overt act, to do an unlawful act, or do a lawful act in an unlawful manner. Cooper v: O'Connor, 99 F.2d 135, 142, 69 App.D.C. 100, 118 A.L.R. 1440. Mere knowledge, acquiescence, approval, or attempt on part of one to perpetrate illegal act is insufficient. People v. Link, 365 Ill. 266, 6 N.E.2d 201.
A conspiracy may be a continuing one; actors may drop out, and others drop in; the details of operation may change from time to time; the members need nit know each other or the part played by others; a member need not know all the details of the plan or the operations; he must, however, know the purpose of the conspiracy and agree to become a party to a plan to effectuate that purpose. Craig v. U. S., C.C.A.Cal., 81 F.2d 816, 822.
A consultation or agreement between two or more persons, either falsely to accuse another of a crime punishable by law; or wrongfully to injure or prejudice a third person, or any body of men, in any manner ; or to commit any offense punishable by law; or to do any act with intent to prevent the course of justice; or to effect a legal purpose with a corrupt intent, or by improper means. Hawk. P.C. c. 72, 2; Archb.Crim.P1. 390, adding also combinations by journeymen to raise wages. State v. Murphy, 6 Ala. 765, 41 Am. Dec. 79.
Civil and Criminal Conspiracies
The term "civil" is used to designate a conspiracy which will furnish ground for a civil action, as where, in carrying out the design of the conspirators, overt acts are done causing legal damage, the person injured has a right of action. It is said that the gist of civil conspiracy is the injury or damage. While criminal conspiracy does not require such overt acts, yet, so far as the rights and remedies are concerned, all criminal conspiracies are embraced within the civil conspiracies. Martha Mills v. Moseley, 50 Ga.App. 536, 179 S.E. 159.
Accurately speaking, there is no such thing as a civil action for conspiracy. The better view is that the damage sustained, and not the conspiracy is the gist of the action. The combination may be of no consequence except as bearing upon rules of evidence or the persons liable. Dahlquist v. Mattson, 40 Idaho, 378, 233 P. 883, 885.
The essence of a "civil conspiracy" is a concert or combination to defraud or cause other injury to person or property, which results in damage to the person or property of plaintiff. Conner v. Bryce, Sup., 170 N.Y.S. 94, 95.
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That's the definition of CONSPIRACY in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.