Q: DESCRIBE ERRONEOUS FRAUD ?HOW DOES IT DIFFER FROM EXTRINSIC T FRAUD?

1 Lawyer Answer
John Toby Schreiber
John Toby Schreiber
Answered
  • Appeals & Appellate Lawyer
  • Benicia, CA
  • Licensed in California

A: Extrinsic fraud or mistake is the type of fraud or mistake that prevents a party from participating in the proceedings in the trial court. An attorney (or party if unrepresented) is not provided notice of a motion hearing date or a trial date and therefore literally is unable to participate in the proceedings at that time. The other type is known as intrinsic fraud and that is based on the subject matter of the case. There, if a party makes a misleading or false statement, the other party can expose that misleading or false statement by cross-examination.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.