Material

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Material

Important; affecting the merits of a case; causing a particular course of action; significant; substantial. A description of the quality of evidence that possesses such substantial Probative value as to establish the truth or falsity of a point in issue in a lawsuit.

A material fact is an occurrence, event, or information that is sufficiently significant to influence an individual into acting in a certain way, such as entering into a contract. In formal court procedures, a material fact is anything needed to prove one party's case, or tending to establish a point that is crucial to a person's position.

A material issue is a question that is in dispute between two parties involved in litigation, and that must be answered in order for the conflict to be resolved.

A material witness is a person whose testimony is a necessary element of a lawsuit. An individual who is considered a material witness can be compelled to appear in court and provide testimony. In the event that the person's safety is endangered as a result of his or her planned or actual testimony, he or she may be given legal protection or held in Protective Custody.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

material

adj. 1) relevant and significant in a lawsuit, as in "material evidence" as distinguished from totally irrelevant or of such minor importance that the court will either ignore it, rule it immaterial if objected to, or not allow lengthy testimony upon such a matter. 2) "material breach" of a contract is a valid excuse by the other party not to perform. However, an insignificant divergence from the terms of the contract is not a material breach.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
'I can tell you, at the rate we're working together, there is definitely no chance those arrangement will not materialize on Monday,' Salceda told reporters in a weekly media forum on Wednesday.
"All have to work unitedly to materialize the dream of Sheikh Hasina of establishing poverty free nation," he said this at an allowance distribution programme for under privileged people at Atgharia upazila parishad under Pabna district.
Punjab Law Minister Rana Sanaullah has supported the move and said the protest is the only way to materialize their demands.
[5] considered choosing the best views to materialize within a given space budget to improve the performance of a query.
"i.materialise is a 3D Printing platform that caters to anyone who wants to materialize their creative ideas.
AL-MUSTASQBAL: "Future" bloc condemns Hezbollah's threats...And Aoun supports involvement in Qalamoun and calls for mutiny 12th round of dialogue: From Arsal outskirts till presidency "border" THE DAILYSTAR: Hostage talks will bear fruit this week: Berri --Significant progress has been made in negotiations to free Lebanese servicemen held by jihadis since August, Speaker Nabih Berri said Tuesday, adding that results could materialize this week.
Two years after the domino revolutions in the region, large numbers of political activists and people take to streets in Tunisia, Egypt, Libya and other regional states to demand the government to set political prisoners free and materialize the goals of their revolution, including the ouster of former regime's elements from governmental posts.
The 3 million to 5 million metric ton gain in cement use will materialize during the second half of the year.
Summary: Iran's Supreme Leader Ayatollah Seyed Ali Khamenei on Monday warned against enemies' conspiracy to disunite the Iranian nation and noted all should beware not to let the enemies materialize their schemes.
Beyond this modest realism, he argues for viewing nature as "software," that is, "materialized repeatable operative structures that are accessible as such to intelligent beings alone," as revealed by our ability to design and materialize such structures, from what is conventionally understood as software to something as simple as a fulcrum.
In the course of this deftly written novel, Calliope becomes aware of some amazing family secrets and meets ancient Hellenic gods who materialize from Olympian legend and lore to compel Calliope to utilize her training in metaphysical and battle arts as part of a spiritual journey culminating in a life-and-death confrontation with her family's despised enemy.