Willfully is a legal term which refers to an act that was done intentionally and deliberately, with knowledge of its consequences. It is used to describe a conscious, knowing, and voluntary act, and is often used when determining whether an individual has committed a crime or breach of contract. There are two types of willfulness: general willfulness and specific willfulness. General willfulness refers to an act that was done with knowledge of its consequences or with the intent to carry out the act. Specific willfulness is when an act is done with an intention to harm or cause injury, or with a reckless disregard for the consequences. Willful conduct is also used to determine civil liability, meaning a person may be held responsible for damages if they are found to have acted willfully. In civil cases, willful conduct is often determined on a case-by-case basis.
WILLFULLY
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FAQ
When applied to the intent with which an act is done or omitted, ?willfully? implies simply a purpose or willingness to commit the act, or the omission. It does not require any intent to violate the law, or to injure another, or to acquire any advantage.
Knowingly and willfully means that the person or entity had actual knowledge of the falsity of the claim, or acted with deliberate ignorance or reckless disregard of the truth or falsity of the claim.
Willful. Black's Law Dictionary: 2nd Edition. Definition: Proceeding from a conscious motion of the will; intending the result which actually comes to pass; designed; intentional ; malicious.
Knowingly and willfully means that the person or entity had actual knowledge of the falsity of the claim, or acted with deliberate ignorance or reckless disregard of the truth or falsity of the claim. Persons or entities that violate the federal False Claims Act are subject to civil monetary penalties (42 U.S.C.
Black's Law Dictionary defines ?knowingly? as ?with knowledge; consciously; intelligently; willfully; inten- tionally. An individual acts 'knowingly' when he acts with awareness of the nature of his conduct.?
The important difference between willfully as defined in this instruction and the most frequently used definition of knowingly, as stated in Instruction 5.02, is that willfully requires proof beyond a reasonable doubt that the defendant knew his or her conduct was unlawful and intended to do something that 16 Page 17
The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.