[a] Define malfeasance, misfeasance and nonfeasance. (2.5%)
[b] Differentiate wheel conspiracy and chain conspiracy. (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) Malfeasance is doing a prohibited act, misfeasance is improperly doing a lawful act, and nonfeasance is omitting a required act; and (b) a wheel conspiracy connects spokes to a hub, while a chain conspiracy links participants vertically.
Under Article 203 of the RPC, officer defaults are classified by whether conduct is illegal, improper, or omitted. Jurisprudence defines a wheel conspiracy as a hub dealing with spokes, while a chain conspiracy involves vertical cooperation.
Here, officer acts depend on whether conduct is illegal, improperly done, or omitted. Meanwhile, conspiracies depend on whether participants revolve around a hub or link in a vertical chain.
Consequently, officer defaults differ by conduct lawfulness or omission, while wheel and chain conspiracies differ by hub-spoke or vertical sequential arrangement.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What is malfeasance in the context of official misconduct by a public officer?
Malfeasance is the performance of an act that ought not to be done at all because it is illegal.
How does misfeasance differ from nonfeasance regarding official public duties?
Misfeasance involves doing a lawful act improperly, whereas nonfeasance is omitting to perform a required act.
What structural arrangement defines a wheel conspiracy in criminal law jurisprudence?
A wheel conspiracy features a central hub dealing with outer spokes in a common illegal scheme.
What is a key requirement for a wheel conspiracy to be considered a single overall conspiracy?
A single wheel conspiracy requires a connecting rim showing the spokes shared a common unlawful objective.
Which characteristic distinguishes a chain conspiracy from a wheel conspiracy?
A chain conspiracy involves a vertical sequence where each participant represents a link in the criminal chain.
Learn more about these topics
1. Public Officer Defaults
Under penal and administrative law, public officer misconduct is classified into malfeasance, misfeasance, and nonfeasance. Malfeasance is the performance of an act that ought not to be done at all because it is positively illegal or prohibited by law. Misfeasance is the improper, negligent, or wrongful performance of an act that a public officer might lawfully perform. Nonfeasance is the total omission or intentional failure to perform an official duty or act that the officer is legally required to perform. Each form carries distinct legal ramifications under penal and administrative law.
2. Wheel Conspiracy Structure
A wheel conspiracy consists of a central figure or group, known as the hub, making separate illegal agreements with various individuals or groups, known as the spokes. The defining characteristic of a wheel conspiracy is that the spokes generally deal directly with the hub rather than with each other. For a single overall wheel conspiracy to exist, there must be a common key or connecting rim that binds the spokes together, showing that each spoke was aware of the other spokes and agreed to participate in a shared criminal enterprise.
3. Chain Conspiracy Structure
A chain conspiracy involves a series of sequential illegal transactions where each participant performs a distinct role in a vertical, step-by-step process. In a chain conspiracy, the success of the overall criminal scheme depends on each link in the chain performing its specific task, such as smuggling, refining, distributing, or selling illicit goods. Unlike a wheel conspiracy, participants in a chain conspiracy are linked in a continuous vertical line, and each member is legally presumed to know that others are involved in the multi-stage criminal enterprise.