Talk:Mopery

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For a November 2004 deletion debate over this page see Wikipedia:Votes for deletion/Mopery

Talk[edit]

Is there a reference to back this up, beyond the "revenge of the nerds" movie? Joyous 21:20, Nov 26, 2004 (UTC)

US legal cases[edit]

I found only three cases.
Westlaw
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People v. Williams
641 N.E.2d 296
Ill.,1994.
Mr. DeGrazia comes in and says--first thing we know off the gitgo is, he made a mistake. This isn't just a mistake, and nothing, ladies and gentlemen--this isn't just mopery on the job, or detectives having a bad day, of the state's attorney having a mistake. This isn't about slipshod police work. This rises quite a bit above. Quite a bit above."
U.S. v. McCray
15 M.J. 1086
ACMR,1983
A close examination of the record, reveals, however, that while the military judge purported to deny impeachment of all witnesses under Rule 609, he in fact applied the balancing test set out not in that rule but in Rule 403. Military Rule of Evidence 403 permits the military judge to exclude relevant evidence the probative value of which is substantially outweighed by, among other things, the danger of confusing the issues or misleading the members. In explaining the reasons for his ruling, the military judge made no reference to prejudice which might accrue to one or the other party but instead adverted to the potential for excursion into side issues of tenuous relevance which would only confuse the members. He observed, "In this particular case all the witnesses, or all the prime witnesses have a previous conviction. The argument that his witness was convicted of murder, but mine was only convicted of aggravated mopery will not assist the jury in arriving at the truth; based upon the evidence of previous convictions, all the witnesses are as worthy or as unworthy of belief." We likewise find that the danger of confusing the issues and misleading the members by adventuring into a comparison of the relative heinousness of the witnesses' crimes, none of which apparently involved dishonesty, substantially outweighs the marginal probative value for impeachment purposes of such a course. We conclude, therefore, that impeachment of the Government's witnesses was properly restricted in this case under Rule 403.
Sirota v. Solitron Devices, Inc.
97 F.R.D. 732
D.C.N.Y.,1983.
While many purchasers of professional malpractice insurance would probably be startled to hear this unusual argument for the first time, it presents fair ground for litigation. The question remains, nevertheless, a question of state law. It is the substantive caselaw of the State of New York which will determine whether "Rule 10b-5 fraud" is "real fraud" for purposes of this "fraud" exclusion, or merely some attenuated form of mopery which is not real fraud.
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46 N.J. Prac., New Jersey Attorney and Judicial Discipline ¡± 11.5
(TREATISE) New Jersey Practice Series TM New Jersey Attorney and Judicial Discipline Robert Ramsey Part I. Judicial Discipline Subpart B. Judicial Misconduct Chapter 11. Criminal Conduct ¡± 11.5 Case Resulting in Removal
A dissent filed in this matter by Justice Clifford recommended censure, finding that the judge was guilty not of criminal misbehavior but of near-terminal mopery, characterized on the witness stand by a dullness of comprehension and a staggering insensitivity to the need to promptly report unlawful conduct.
9 Duke J. Gender L. & Pol'y 277
Duke Journal of Gender Law and Policy Summer 2002 SPECIAL TOPIC: Gender and War CROSSING THE LINE: SEX, POWER, JUSTICE, AND THE U.S. NAVY AT THE EQUATOR Carie Little Hersh
In the highest court of the raging main, the domain of Imperium Neptuni Regis sends greetings to all slimy pollywogs. You are commanded to appear before the royal court on April 24, 1968. A complaint has been filed with the government of the domain of Imperium Neptuni Regis, state of the Raging Main, against you. You are charged with the heinous crimes of brown baggery, mopery, doping off, chit requesting, apple polishing, sympathy seeking, gun decking, procrastination, gold bricking, liberty hounding, and reveille neglecting. You have conspired to enter the royal domain without visa, passport, or proper authority. Davy Jones, Royal Scribe.
83-JUL A.B.A. J. 62
ABA Journal July, 1997 Criminal Justice WAITING IT OUT The Discovery of a Homicide Victim Begins What is Sometimes a Long Journey in Bringing the Killer to Justice Stephanie B. Goldberg
Nor did the years make Rouse a more appealing witness in his behalf. "The person in front of the jury was a 31-year-old with a history of mopery and drunkenness. The question was, 'What was he like at 15?"'
42 Stan. L. Rev. 852
Stanford Law Review April, 1990 Tribute A STUDENT REMEMBERS Janet C. Hoeffel
Then there were the crazy Kaplan hypotheticals. We contorted ourselves to figure out whether the man who stole his own umbrella had actually committed a crime. There was Ed Emigrant, the man who went to Minnesota, mistakenly believed mopery was a crime, and in an act of civil disobedience went out on a public highway and acted depressed and discouraged. Did Ed Emigrant's actions fulfill Professor Kaplan's "no thanks to you, you didn't commit the crime" standard of attempt?
This term is wacky. -- Toytoy 11:34, Nov 28, 2004 (UTC)

I looked up the term in my copy of Black's Law Dictionary, 3rd edition, & failed to find it. This is a very comprehensive work, defining current & obsolete words used not only in American Common Law, but also British, Civil, & Canon. -- llywrch (talk) 21:08, 26 April 2008 (UTC)

Examples of use[edit]

Dashiel Hammett[edit]

From The Thin Man by Dashiel Hammett: "All right," I said, "have me arrested for kidnapping, contributing to the delinquency of a minor and mopery." (near the end of chapter 10) The preceding unsigned comment was added by Shokwave (talk • contribs) .

H. Allen Smith[edit]

"The girls stop at nothing short of mopery to get in the papers, mopery being the old English misdemeanor of exposing one's self in front of a blind man on a public highway." This sentence comes from the comic novel, Low Man on a Totem Pole, by H. Allen Smith (p 58). The book was published in 1944 so it predates Revenge of the Nerds. I don't know if Smith was the originator of the humorous phrase, but the rest of his writing seems to include a great deal of original comic material so I'd give him the credit unless an ealier reference turns up. The preceding unsigned comment was added by 24.160.134.208 (talk • contribs) .