Extrinsic fraud
Encyclopedia
Extrinsic fraud is fraud
that "induces one not to present a case in court or deprives one of the opportunity to be heard [or] is not involved in the actual issues ...." It can involve fraud on the court, but is not necessarily the same.
More broadly, it is defined as:
Extrinsic fraud does not mean merely lying or perjury
, nor misrepresentation
s, nor intrinsic fraud
, nor "to matters that could have been raised during the divorce proceeding." It must involve "collateral ... circumstances" such as:
and domestic relations
cases, due to the emotion
s and high stakes involved.
In a divorce
case, a separation agreement was the allegedly the subject of extrinsic fraud, but the court held that the evidence
was not sufficient to support the claim. In another divorce case, the deadline to file a motion, to modify the decree based on such fraud, had passed.
Paternity
cases are sometimes the subject of extrinsic fraud; the classic case is when a man is encouraged to sign an acknowledgement that he is the father of a newborn baby, thus giving up his right to contest the matter in a filiation
action. In Love v. Love, the Nevada Supreme Court ruled that extrinsic fraud had led the putative father to sign an admission against his interest, thus allowing the court to grant equitable relief to undo the fraud. It also may occur when a man fails to appear in court when a paternity suit is filed against him, thus resulting in a default judgment
due to the fraud by his "paramour".
In such cases, there is a high burden of proof (typically moral certainty
or beyond a reasonable doubt
) of the petitioner
to prove the intrinsic fraud, because of the state's interest "in the best interests of the child" to ensure that every child
has a father
. That is called paternity by estoppel
, in which the putative father is actually prevented from proving he is not the father due to the high standard of evidence necessary as a matter of law.
, such as when a lender forces a homeowner to lose his or her real property
in a foreclosure
due to the fraud.
A lawyer who intentionally keeps information from his client about an upcoming hearing
or trial
could be held responsible for extrinsic fraud, as well as being subject to disciplinary action and a legal malpractice
lawsuit.
It is at least theoretically possible for a court to enjoin
a criminal proceeding, but unlikely. A writ of habeas corpus or writ of error coram nobis
may be possible as well.
An activist in Berkeley, California
sued the University of California
over its long-term plan, for alleged extrinsic fraud.
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
that "induces one not to present a case in court or deprives one of the opportunity to be heard [or] is not involved in the actual issues ...." It can involve fraud on the court, but is not necessarily the same.
More broadly, it is defined as:
Extrinsic fraud does not mean merely lying or perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
, nor misrepresentation
Misrepresentation
Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality...
s, nor intrinsic fraud
Intrinsic fraud
Intrinsic fraud is an intentionally false representation that goes to the heart of what a given lawsuit is about, in other words, whether fraud was used to procure the transaction...
, nor "to matters that could have been raised during the divorce proceeding." It must involve "collateral ... circumstances" such as:
- "bribery of a judge or juror,"
- "fabrication of evidence by an attorney,"
- "preventing another party's witness from appearing,"
- "intentionally failing to join a necessary party," or
- "misleading another party into thinking a continuance had been granted...."
Family law
Probably the most common examples of where extrinsic fraud are claimed are in family lawFamily law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
and domestic relations
Domestic relations
In the common law tradition, the law of domestic relations is a broad category that encompasses:* divorce;* property settlements;* alimony, spousal support, or other maintenance;* the establishment of paternity;...
cases, due to the emotion
Emotion
Emotion is a complex psychophysiological experience of an individual's state of mind as interacting with biochemical and environmental influences. In humans, emotion fundamentally involves "physiological arousal, expressive behaviors, and conscious experience." Emotion is associated with mood,...
s and high stakes involved.
In a divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
case, a separation agreement was the allegedly the subject of extrinsic fraud, but the court held that the evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
was not sufficient to support the claim. In another divorce case, the deadline to file a motion, to modify the decree based on such fraud, had passed.
Paternity
Paternity (law)
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...
cases are sometimes the subject of extrinsic fraud; the classic case is when a man is encouraged to sign an acknowledgement that he is the father of a newborn baby, thus giving up his right to contest the matter in a filiation
Paternity (law)
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...
action. In Love v. Love, the Nevada Supreme Court ruled that extrinsic fraud had led the putative father to sign an admission against his interest, thus allowing the court to grant equitable relief to undo the fraud. It also may occur when a man fails to appear in court when a paternity suit is filed against him, thus resulting in a default judgment
Default judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law...
due to the fraud by his "paramour".
In such cases, there is a high burden of proof (typically moral certainty
Moral certainty
Moral certainty is a concept of intuitive probability. It means a very high degree of probability, sufficient for action, but short of absolute or mathematical certainty....
or beyond a reasonable doubt
Beyond a Reasonable Doubt
Beyond a Reasonable Doubt is a 1956 film directed by Fritz Lang and written by Douglas Morrow. The film, considered film noir, was the last American film directed by Lang.-Plot:...
) of the petitioner
Petitioner
A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.-In the courts:The petitioner may seek a legal remedy if the state or another private person has acted unlawfully...
to prove the intrinsic fraud, because of the state's interest "in the best interests of the child" to ensure that every child
Youth
Youth is the time of life between childhood and adulthood . Definitions of the specific age range that constitutes youth vary. An individual's actual maturity may not correspond to their chronological age, as immature individuals could exist at all ages.-Usage:Around the world, the terms "youth",...
has a father
Father
A father, Pop, Dad, or Papa, is defined as a male parent of any type of offspring. The adjective "paternal" refers to father, parallel to "maternal" for mother...
. That is called paternity by estoppel
Estoppel
Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative...
, in which the putative father is actually prevented from proving he is not the father due to the high standard of evidence necessary as a matter of law.
Other examples
It happens in real estateReal estate
In general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...
, such as when a lender forces a homeowner to lose his or her real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
in a foreclosure
Foreclosure
Foreclosure is the legal process by which a mortgage lender , or other lien holder, obtains a termination of a mortgage borrower 's equitable right of redemption, either by court order or by operation of law...
due to the fraud.
A lawyer who intentionally keeps information from his client about an upcoming hearing
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
or trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
could be held responsible for extrinsic fraud, as well as being subject to disciplinary action and a legal malpractice
Legal malpractice
Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client...
lawsuit.
It is at least theoretically possible for a court to enjoin
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
a criminal proceeding, but unlikely. A writ of habeas corpus or writ of error coram nobis
Coram nobis
Coram nobis or coram vobis also known as error coram nobis or error coram vobis is a legal writ issued by a court to correct a previous error "of...
may be possible as well.
An activist in Berkeley, California
Berkeley, California
Berkeley is a city on the east shore of the San Francisco Bay in Northern California, United States. Its neighbors to the south are the cities of Oakland and Emeryville. To the north is the city of Albany and the unincorporated community of Kensington...
sued the University of California
University of California
The University of California is a public university system in the U.S. state of California. Under the California Master Plan for Higher Education, the University of California is a part of the state's three-tier public higher education system, which also includes the California State University...
over its long-term plan, for alleged extrinsic fraud.
See also
- Collateral estoppelCollateral estoppelCollateral estoppel , known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that "once a court has decided an issue of fact or law necessary to its judgment, that decision .....
- Intrinsic fraudIntrinsic fraudIntrinsic fraud is an intentionally false representation that goes to the heart of what a given lawsuit is about, in other words, whether fraud was used to procure the transaction...
- Per minasPer minasPer minas, in British common law, to engage in behavior "by means of menaces or threats".The term comes from Latin.Per minas has been used as a defense of duress to certain crimes, as affecting the element of Mens rea...
- Res judicataRes judicataRes judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...
- ScienterScienterScienter is a legal term that refers to intent or knowledge of wrongdoing. This means that an offending party has knowledge of the "wrongness" of an act or event prior to committing it. For example, if a man sells a car to his friend with brakes that do not work, and he does not know about the...