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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.


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 ?
The first activity is B's development and sale activity, which is nonpassive because it is a trade or business in which B materially participates.
Severely materially deprived persons have living conditions constrained by a lack of resources and experience at least four out of the nine following deprivation items: cannot afford 1) to pay rent/mortgage or utility bills on time, 2) to keep home adequately warm, 3) to face unexpected expenses, 4) to eat meat, fish or a protein equivalent every second day, 5) a one week holiday away from home, 6) a car, 7) a washing machine, 8) a colour TV, or 9) a telephone (including mobile phone).
"Economic conditions in all markets in which MCB operates have continued to deteriorate materially, though this trend varies among the countries," MCB said in a statement on its website.
You spend more than half of your working time on real estate businesses in which you materially participate, and
Black reformers continued their efforts to educate and materially aid freedpeople while white women turned toward racially exclusive temperance and suffrage movements.
Maxwell's gathering of McKay's Complete Poems, issued by the University of Illinois Press's American Poetry Recovery Series, materially enhances the cur rent flurry over the New Negro author.
In March the state Senate unanimously passed Senate Bill 9, nicknamed the Ohio Patriot Act, which would "restrict municipal ordinances and other enactments from materially hindering or preventing compliance with immigration or terrorism investigations or with federal laws or orders pertaining to terrorism or homeland security." Any city that passes such an ordinance "shall be ineligible to receive any homeland security funding available from the state."
women and girls to refigure their physiques and their identities as social subjects: to materially constitute themselves in clearly identifiable ways as healthy, pious, and thus authentically true women who had inherited crucial traits of Republican Motherhood.
Families Of The King: Writing Identity In The Anglo-Saxon Chronicle by Alice Sheppard (Assistant Professor, Department of English, Pennsylvania State University) directly addresses the central interpretative question with respect to the student of five primary manuscripts that together offer a contemporary history of Anglo-Saxon English ranging from the ninth to the twelfth centuries, and materially contribute to understanding the body of Old English prose and poetic texts which in turn, enabled scholars to document how the Old English language evolved and changed.
According to the court, the BFOQ materially advanced the security of the prison, safety of inmates, and protection of privacy rights of inmates, and reasonable alternatives to the plan were not identified.
This coverage is generally available to reimburse directors and officers for defense costs, judgments and settlements, even in cases of where a company admits that its financial statements are materially misleading.
From nearby they appear as materially present and spatially up-front, but with a certain distance the intense or muted colors float free of their physical support and create an optical space of great breadth: Suddenly you're out in the desert sunset.