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LSDefine
Simple English definitions for legal terms
intrinsic fraud
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A quick definition of intrinsic fraud:
Intrinsic fraud: This is when someone in a court case has a chance to stop their opponent from lying, but they don't do anything about it. It's different from when someone lies on purpose to trick the court, which is called extrinsic fraud. Intrinsic fraud can't be used to change a previous decision. A good example is when someone lies under oath (called perjury) and the other person doesn't try to prove it's a lie. If the lie helps the person win the case, and they don't do anything about it, they can't complain later if they lose.
A more thorough explanation:
Intrinsic fraud is a type of fraud that occurs during litigation when one party has the opportunity to protect themselves from their opponent's fraud but fails to do so. It is not an affirmative misrepresentation, unlike extrinsic fraud.
For example, perjury is a classic example of intrinsic fraud. When a witness lies under oath, they know that their false testimony is the only way to support their claim or defense. The trial is their chance to prove the truth, but they choose to lie instead. If they fail to prove their case and the judgment is affirmed on appeal, they cannot use intrinsic fraud to challenge the decision.
Another example of intrinsic fraud is when a party fails to disclose important evidence that could have affected the outcome of the case. If they had the opportunity to present the evidence but chose not to, they cannot later claim intrinsic fraud to challenge the judgment.
Intrinsic fraud is different from extrinsic fraud because it cannot be used to collaterally attack a prior judgment. Extrinsic fraud involves affirmative misrepresentations or concealment of evidence that prevents a fair trial from taking place.