immaterial facts
immaterial facts 无关紧要的事实 对起诉权或辩护权〔right of action or defense〕的行使并非必不可少的事实。
Search Results for: immaterial fact
immaterial
immaterial, adj. (Of evidence) tending to prove some fact that is not properly at issue; lacking any logical connection with the consequential facts. Cf. IRRELEVANT. [Cases: Evidence 143. C.J.S. Evidence §§ 197, 201–204.] — immateriality, n. “The rules of substantive law and of pleading are what determine immateriality; and if the probandum is immaterial, of
material evidence
Evidence having some logical connection with the facts of consequence or the issues. Cf. relevant evidence; immaterial evidence. [Cases: Criminal Law 382; Evidence 143. C.J.S. Criminal Law § 749; Evidence §§ 197, 201–204.]
material issue
An issue that must be decided in order to resolve a controversy. • The existence of a material issue of disputed fact precludes summary judgment. Cf. immaterial issue.
averment
averment ([schwa]-v[schwa]r-m[schwa]nt), n. A positive declaration or affirmation of fact; esp., an assertion or allegation in a pleading (the plaintiff’s averment that the defendant ran a red light). Cf. ASSEVE-RATE. immaterial averment. An averment that alleges something in needless detail; a statement that goes far beyond what is in issue. • This type of averment