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43. Appellants/Intervenors say that the CDHO's Final Ruling is founded
on the legal principle of "actual fraud" and the CDHO ignored the legal
principle of "constructive fraud" or "legal fraud"; the type of evidence
required for both classifications of fraud is different (37 Am Jur 2d,
Fraud and Deceit, Sections 3 &4). Given the relationship between
Appellants and Appellee in the October 10, 2017 elections, Appellee's
violations of the Constitution and Elections Law and its own
regulations to the disadvantage of Appellants/ Intervenors constitute
"constructive fraud", otherwise called "legal fraud". It was therefore
sufficient for Appellants/Intervenors to show that Appellee violated
laws and its own regulations much to the prejudice of
Appellants/Intervenors and constructive/legal fraud is thereby
established. For applying the principle of actual fraud only to the facts
and
circumstances
of
Appellants/Intervenors'
complaint,
Appellants/Intervenors say that the CDHO committed a reversible
error. And so Appellants excepted and presented the issue to the NEC
Board but the NEC Board did not pass on the issue. And so
Appellants/Intervenors except.
44. Appellants/Intervenors say that constructive/legal fraud requires
neither actual dishonesty nor intent to deceive, being a breach of legal
or equitable duty, which irrespective of the moral guilt of the
wrongdoer, the law declares fraudulent because of its tendency to
deceive others, to injure public interests, or to violate public or private
confidence. 37 Am. Jur 2d., Fraud and Deceit, Section4.
Appellants/Intervenors say that had this principle of law on
constructive/legal fraud been applied by the CDHO to the evidence
adduced by Appellants/Intervenors, the CDHO would have properly
ruled that massive pervasive frauds were committed throughout the
October 10, 2017 elections, which undermined the credibility and
integrity of the entire elections. For the CDHO's failure to so rule,
Appellants/Intervenors excepted and presented the issue before the
NEC Board but the NEC Board did not pass on the issue. And so
Appellants/Intervenors except.
45. That Appellants Intervenors say that given the relationship
between them and Appellee during the October 10, 2017 elections,
Appellants/Intervenors are required to prove constructive/legal fraud,
not necessarily actual fraud. The burden of proof for actual fraud is
different from the burden of proof for constructive fraud; and what
the CDHO did in his Final Ruling, was to use the burden of proof for
actual fraud, which was not in itself done well, to be the same burden
of proof for constructive/legal fraud and based his Final Ruling on that
assumption. So Appellants excepted and presented the issue to the
NEC Board but the NEC Board did not pass on the issue. And so
Appellants/Intervenors except.
46. Appellants/Intervenors says that in addition to constructive/legal
fraud its evidence at the hearing fully justifies the finding that actual
frauds were committed before and during the course of the October
10, 2017 elections. Appellants/Intervenors say that Liberian law is that
one of the underlying elements of fraud is the conduct of a person that