Definition

Noun 1. Collateral fraud: A type of fraud that prevents a party from knowing their legal rights or from having a fair opportunity to present their case in a court of law. It is often distinguished from fraud intrinsic to the issues of the trial itself.

Usage

This term is used primarily in legal contexts to describe deceptive actions that undermine the fundamental fairness of a judicial proceeding by depriving a party of critical information or the ability to participate effectively.

Examples

• The court granted a new trial after discovering collateral fraud, where one party had concealed key witnesses from the other.
• An attorney's failure to inform their client of a court date could be considered collateral fraud.
• The judgment was set aside due to evidence of collateral fraud that prevented a fair hearing.

Advanced Usage

• Legal Doctrine: Collateral fraud is a specific ground for seeking relief from a final judgment, often through an independent lawsuit or a motion, as it attacks the integrity of the judicial process itself rather than the merits of the original case.

Variants and Related Words

• Extrinsic Fraud: A synonym often used interchangeably with collateral fraud, emphasizing fraud that is outside (extrinsic to) the actual proceedings of the trial.
• Intrinsic Fraud: A contrasting term referring to fraud that occurs within the trial itself, such as perjury by a witness or the presentation of forged documents during proceedings.

Synonyms

• Extrinsic fraud
• Fraud on the court (in some specific contexts)

Antonyms / Contrasting Terms

• Intrinsic fraud
• Fair dealing
• Due process

Noun

1. fraud that prevents a party from knowing their rights or from having a fair opportunity of presenting them at trial