Collateral Facts

Collateral Facts
"Legal Lexicon":
COLLATERAL FACTS - Facts which are unconnected, or only remotely connected, with the issue or matter in dispute.
As no fair and reasonable inference can be drawn from such facts, they are inadmissible in evidence, for at best they are useless and may be mischievous because they tend to distract the attention of the jury and to mislead them.
It is frequently difficult to ascertain a priori, whether a particular fact offered in evidence, will, or will not clearly appear to be material in the progress of the cause and in such cases it is usual in practice for the court to give credit to the assertion of the counsel who tenders such evidence that the facts will turn out to be material; but this is always within the sound discretion of the court. It is the duty of the counsel, however, to offer evidence, if possible, in such order that each part of it will appear to be pertinent and proper at the time it is offered; and it is expedient to do so as this method tends to the success of a good cause.
When a witness is cross-examined as to collateral facts, the party cross-examining will be bound by the answer and he cannot, in general, contradict him by another witness.
COLLATERAL ISSUE - Where a criminal convict pleads any matter allowed by law in bar of execution; as pregnancy, a pardon, and the like.
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English-Chinese law dictionary (法律英汉双解大词典). 2013.

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  • collateral facts — Facts which are inadmissible in evidence because they are incapable of affording any reasonable presumption or inference as to the principal fact or matter in dispute. Darling v Westmoreland, 52 NH 401 …   Ballentine's law dictionary

  • collateral — col·lat·er·al 1 /kə la tə rəl, la trəl/ adj 1 a: accompanying as a secondary fact, activity, or agency but subordinate to a main consideration b: not directly relevant or material a collateral evidentiary matter a collateral issue 2: belonging to …   Law dictionary

  • collateral — /kalaetsral/ Property which is pledged as security for the satisfaction of a debt. Collateral is additional security for performance of principal obligation, or that which is by the side, and not in direct line. Shaffer v. Davidson, Wyo., 445… …   Black's law dictionary

  • collateral — /kalaetsral/ Property which is pledged as security for the satisfaction of a debt. Collateral is additional security for performance of principal obligation, or that which is by the side, and not in direct line. Shaffer v. Davidson, Wyo., 445… …   Black's law dictionary

  • collateral issues — Issues arising in a case which do not involve the merits of the controversy. See collateral facts …   Ballentine's law dictionary

  • collateral matter — See collateral facts …   Ballentine's law dictionary

  • fact — A thing done; an action performed or an incident transpiring; an event or circumstance; an actual occurrence; an actual happening in time or space or an event mental or physical; that which has taken place. City of South Euclid v. Clapacs, 6 Ohio …   Black's law dictionary

  • fact — A thing done; an action performed or an incident transpiring; an event or circumstance; an actual occurrence; an actual happening in time or space or an event mental or physical; that which has taken place. City of South Euclid v. Clapacs, 6 Ohio …   Black's law dictionary

  • indirect evidence — noun Date: 1824 evidence that establishes immediately collateral facts from which the main fact may be inferred ; circumstantial evidence …   New Collegiate Dictionary

  • res inter alios acta — /riyz intar eyliyows aekta/ The rule res inter alios acta forbids the introduction of collateral facts which by their nature are incapable of affording any reasonable presumption or inference as to the principal matter in dispute, and thus… …   Black's law dictionary

  • A dicto secundum quid ad dictum simpliciter — From what has been said to that which has been said plainly. An error of logic in concluding the existence of collateral facts from a presumption. Hyde v United States, 225 US 347, 385, 56 1, Ed 1114, 1133, 32 S Ct 793 …   Ballentine's law dictionary

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