FRAUD: Intentional deception resulting in injury to another. Fraud usually consists of a misrepresentation, concealment or NONDISCLOSURE of a material fact, or at least misleading conduct, devices or contrivance.
CONSTRUCTIVE (LEGAL) FRAUD: Comprises all acts, omissions and concealments involving BREACH of EQUITABLE or LEGAL DUTY, or trust and resulting in damage to another. It is fraud that is presumed from the circumstances, without the need for any actual proof of intent to defraud.
EXTRINSIC (COLLATERAL) FRAUD: Fraud that prevents a party from knowing about his or her rights or defenses or from having a FAIR OPPORTUNITY to PRESENT or LITIGATE them at trial. It is a ground for equitable relief from a judgement.
FRAUD ON THE COURT: Occurs where it can be demonstrated clearly and convincingly, that a party has deliberately set in motion some unconscionable scheme calculated to interfere with the judicial system's ability to impartially decide a matter by improperly influencing the trier or unfairly hampering the presentation of the opposing party's claim or defense. Unlike common law fraud on a party, fraud on the court does not require reliance.
DUPLICITY: The technical invalidity resulting from uniting two or more causes of action in one count of a pleading or multiple defenses in one plea, or multiple crimes in one count of an indictment, or two or more incongruous subjects in one legislative act, all contrary to proper PROCEDURAL or CONSTITUTIONAL REQUIREMENTS. see also misjoinder
MISJOINDER: The improper joining together in one trial of distinct unrelated counts in a single indictment or complaint.
"The vice of DUPLICITY is that a jury may find a defendant guilty on the COUNT without having reached a UNANIMOUS verdict on the commission if any PARTICULAR OFFENSE" ... duplicity couldn't be raised prior to trial, because of the omission/ concealment of intent (I was prevented from knowing state's intent) (denial of notice) (constructive denial of counsel) (prosecutorial misconduct) etc......
I know I'm not a lawyer, I'm not a carpenter either, but if I see a toilet in the kitchen I know somebody messed up.
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