intrinsic fraud

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Definition

Noun: * A type of deception within a legal proceeding: "Intrinsic fraud" refers to dishonest conduct that occurs during a court trial or legal process. This fraud involves presenting false evidence, such as forged documents, making untrue claims, or committing perjury (lying under oath), with the direct intention of misleading the judge or jury. The goal is to wrongfully influence the court's decision in favor of the party committing the fraud.

Usage
  • This term is used almost exclusively in formal legal contexts to describe a specific category of fraud that corrupts the judicial process from within.
  • It is typically discussed in contrast to "extrinsic fraud," which involves deception that prevents a party from fairly participating in the proceeding at all (e.g., hiding the existence of a lawsuit).
Examples
  • The attorney argued for a new trial based on intrinsic fraud, claiming the opposing party had submitted fabricated contracts as evidence.
  • A conviction obtained through witness perjury is a classic example of intrinsic fraud.
  • The appellate court determined that the false testimony, while damaging, constituted intrinsic fraud that should have been challenged during the original trial.
Advanced Usage
  • Legal Distinction: A key legal principle is that a final judgment can typically be challenged due to extrinsic fraud, but it is much harder to overturn based solely on intrinsic fraud. This is because parties are expected to challenge false evidence during the trial itself. The remedy for intrinsic fraud is usually a direct appeal, not a separate lawsuit to set aside the judgment.
Variants and Related Words
  • Extrinsic Fraud (n): Fraud that prevents a party from knowing about or fully participating in a legal action (e.g., concealing a lawsuit, forging a settlement signature outside of court).
  • Fraud on the Court (n): A broader, more serious concept that includes actions by officers of the court (like lawyers) that undermine the integrity of the judicial process. Intrinsic fraud can sometimes rise to the level of a fraud on the court.
Synonyms
  • Trial Fraud
  • Fraud in the Factum (in specific contexts, though this can have a broader meaning)
  • Deception within proceedings
Antonyms
  • Extrinsic Fraud
  • Good Faith Litigation
Noun
  1. fraud (as by use of forged documents or false claims or perjury) that misleads a court or jury and induces a finding for the one perpetrating the fraud