Paternity Fraud Dictionary
===== BIG ONE FOR Paternity Fraud VICTIMS======
n. a relationship in which one person has confidence in and relies on another because of some combination of a history of trust, older age,
family connection and/or superior training and knowledge, to a point where the party relied upon dominates the situation, for good or bad.
While it may include attorney and client, stockbroker and customer, real estate agent and buyer, a senior family member and an
unsophisticated relative, the relationship is defined on a case-by-case basis, with reliance and dominance the key factors. In this
situation, the trusting party does not have to be as vigilant or suspicious as with strangers or people who are not relied upon. The
time clock (statute of limitations) to bring a lawsuit against a crook who is in a confidential relationship may not start to run
until the misdeeds become extremely obvious.
n. when the circumstances show that someone's actions give him/her an unfair advantage over another by unfair means (lying or not telling a buyer about defects in a product, for example), the court may decide from the methods used and the result that it should treat the situation as if there was actual fraud even if all the technical elements of fraud have not been proven.
n. a lawsuit, usually by a mother or child support enforcement, to prove that a named person is the father of her child (or the fetus
she is carrying). Evidence of paternity may include blood tests (which can eliminate a man as a possible father), testimony about
sexual relations between the woman and the alleged father, evidence of relationship of the couple during the time the woman became
pregnant, admissions of fatherhood, comparison of child in looks, eye and hair color, race and, increasingly, DNA evidence. In addition to
the desire to give the child a known natural father, proof of paternity will lead to the right to child support, birthing expenses
and the child's inheritance from his father. The threat of a paternity suit against a man married to another woman may lead to a
prompt and quiet settlement.
n. a person who receives payment for sex or other sexual acts, generally as a regular occupation.
n. fraudulent acts which keep a person from obtaining information about his/her rights to enforce a contract or getting evidence to
defend against a lawsuit. This could include destroying evidence or misleading an ignorant person about the right to sue. Extrinsic fraud
is distinguished from "intrinsic fraud," which is the fraud that is the subject of a lawsuit.
n. an intentionally false representation (lie) which is part of the fraud and can be considered in determining general and punitive
damages. This is distinguished from extrinsic fraud (collateral fraud) which was a deceptive means to keeping one from enforcing
his/her legal rights.
n. a presumption of fact assumed by a court for convenience, consistency or to achieve justice.
n. a person who intentionally lies while under an oath administered by a notary public, court clerk or other official, and thus commits
the crime of perjury. A perjurer may commit perjury in oral testimony or by signing or acknowledging a written legal document (such as an
affidavit, declaration under penalty of perjury, deed, license application, tax return) knowing the document contains false
n. the crime of intentionally lying after being duly sworn (to tell the truth) by a notary public, court clerk or other official. This
false statement may be made in testimony in court, administrative hearings, depositions, answers to interrogatories, as well as by
signing or acknowledging a written legal document (such as affidavit, declaration under penalty of perjury, deed, license application, tax
return) known to contain false information. Although it is a crime, prosecutions for perjury are rare, because a defendant will argue
he/she merely made a mistake or misunderstood.
n. the crime of misstating facts to obtain money, goods or benefits of another to which the accused is not entitled. Examples: a person
a) falsely claims to represent a charity to obtain a donation which he/she keeps; b) says a painting is a genuine Jackson Pollock when it
is a fake and thus is able to sell it for a price much greater than its true value. Misrepresentation is also called "false pretenses."
n. the crime of knowingly making untrue statements for the purpose of obtaining money or property fraudulently. This can range from claiming zircons are diamonds and turning back the odometer on a car, to falsely stating that a mine has been producing gold when it has not. It is one form of theft.
n. 1) every legal document filed in a lawsuit, petition, motion and/or hearing, including complaint, petition, answer, demurrer,
motion, declaration and memorandum of points and authorities (written argument citing precedents and statutes). Laypersons should be aware
that, except possibly for petitions from prisoners, pleadings are required by state or federal statutes and/or court rules to be of a
particular form and format: typed, signed, dated, with the name of the court, title and number of the case, name, address and telephone
number of the attorney or person acting for himself/herself (in pro per) included. 2) the act of preparing and presenting legal documents
and arguments. Good pleading is an art: clear, logical, well-organized and comprehensive.
n. in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant. An
answer generally responds to each allegation in the complaint by denying or admitting it, or admitting in part and denying in part.
The answer may also com- prise "affirmative defenses" including allegations which contradict the complaint or contain legal theories
(like "unclean hands," "contributory negligence" or "anticipatory breach") which are intended to derail the claims in the complaint.
Sometimes the answer is in the form of a "general denial," denying everything. The answer must be in typed form, follow specific rules
of pleading established by law and the courts, and be filed with the court and served on the defendant within a specific statutory time
(e.g. 20 or 30 days after service of the complaint). If the complaint is verified as under penalty of perjury, the answer must be also.
There is a fairly steep filing fee for each defendant filing an answer. In short, if served a complaint, one should see a lawyer as
soon as possible to prevent a default judgment.
n. a statement in an answer to a lawsuit or claim by a defendant in a lawsuit, in which the defendant denies everything alleged in the
complaint without specifically denying any allegation. It reads: "Defendant denies each and every allegation contained in the
complaint on file herein," or similar inclusive language.
n. the declaration under oath or upon penalty of perjury that a statement or pleading is true, located at the end of a document. A
typical verification reads: "I declare under penalty of perjury under the laws of the State of California, that I have read the above
complaint and I know it is true of my own knowledge, except as to those things stated upon information and belief, and as to those I
believe it to be true. Executed January 3, 1995, at Monrovia, California. (signed) Georgia Garner, declarant." If a complaint is
verified then the answer to the complaint must be verified.