extrinsic fraud
Noun: - A type of deception or wrongful act that occurs outside of a legal proceeding and prevents a person from participating in the trial or knowing their rights: Extrinsic fraud involves conduct that deprives a party of the opportunity to fairly present their case in court, often by concealing the existence of the lawsuit or critical information.
Extrinsic fraud is a legal term. It is used to describe a specific, serious form of misconduct that can be grounds for setting aside a court judgment. It contrasts with "intrinsic fraud," which involves lies or misrepresentations made within the court proceedings. - It is typically discussed in contexts of appeals, motions for a new trial, or legal ethics. - The term is often used with verbs like constitute, amount to, allege, or prove.
- The court overturned the judgment because the defendant's failure to notify the plaintiff of the hearing constituted extrinsic fraud.
- Her lawyer argued that the hidden evidence was a case of extrinsic fraud, as it prevented a fair trial.
- Extrinsic fraud occurs when one party is kept in ignorance of the legal action altogether.
- "To set aside a judgment on the grounds of extrinsic fraud": This is a common legal phrase describing the remedy for this type of fraud.
- The attorney filed a motion to set aside the default judgment on the grounds of extrinsic fraud.
- The concept is key in distinguishing between fraud that can be addressed within a trial (intrinsic) and fraud that undermines the trial process itself (extrinsic).
- Fraud (n): The general term for wrongful deception intended to result in personal or financial gain.
- Intrinsic Fraud (n): Fraud committed within the court proceedings, such as perjury or presenting forged documents during a trial.
- Collateral Fraud (n): Another term sometimes used synonymously with extrinsic fraud.
- Collateral fraud: (Legal synonym) Fraud that is outside the matters tried in the case.
- Fraud upon the court: A broad term that can encompass extrinsic fraud when the deceit corrupts the judicial process.
- "Fraud vitiates all contracts and judgments": A legal maxim meaning fraud undermines the validity of agreements and court decisions, applicable to extrinsic fraud.
- Due Process Violation: Extrinsic fraud often results in a violation of a party's right to due process under the law.
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fraud that prevents a party from knowing their rights or from having a fair opportunity of presenting them at trial
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