immaterial issue

immaterial issue
An issue which occurs where a material allegation in the pleadings is not answered, but an issue is taken on some point which will not determine the merits of the case, so that the court must be at a loss to determine for which of the parties to give judgment. Garland v Davis (US) 4 How 131, 146, 11 L Ed 907, 914.

Ballentine's law dictionary. . 1998.

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  • immaterial issue — (law) An issue which is not decisive of any part of the litigation, as opposed to a material issue, one which necessarily involves some part of the rights in controversy • • • Main Entry: ↑issue …   Useful english dictionary

  • issue — is·sue 1 / i ˌshü, ˌsyü/ n 1 pl: proceeds from a source of revenue (as an estate) rents, issue s, and profits 2: one or more lineal descendants died without issue compare …   Law dictionary

  • immaterial — Not material, essential, or necessary; not important or pertinent; not decisive; of no substantial consequence; without weight; of no material significance. See also impertinence irrelevancy irrelevant allegation Compare material; material fact;… …   Black's law dictionary

  • immaterial — Not material, essential, or necessary; not important or pertinent; not decisive; of no substantial consequence; without weight; of no material significance. See also impertinence irrelevancy irrelevant allegation Compare material; material fact;… …   Black's law dictionary

  • immaterial — im·ma·te·ri·al /ˌi mə tir ē əl/ adj: not essential, pertinent, or of consequence the jury could have discounted the medical history evidence, or while accepting its accuracy, found it immaterial Willett v. State, 911 S.W.2d 937 (1995) compare… …   Law dictionary

  • immaterial evidence — n. Evidence that has no real bearing on the issue in question. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • immaterial — Synonyms and related words: adrift, aerial, airy, apparitional, asomatous, astral, back burner, beside the mark, beside the point, beside the question, bodiless, celestial, decarnate, decarnated, dinky, discarnate, disembodied, dispensable,… …   Moby Thesaurus

  • immaterial evidence — Evidence which is offered to prove or disprove a fact or proposition which is not at issue. 29 Am J2d Ev § 252. See material evidence …   Ballentine's law dictionary

  • Determinism — This article is about the general notion of determinism in philosophy. For other uses, see Determinism (disambiguation). Not to be confused with Fatalism, Predeterminism, or Predictability. Certainty series …   Wikipedia

  • mind, philosophy of — Branch of philosophy that studies the nature of mind and its various manifestations, including intentionality, sensation and sense perception, feeling and emotion, traits of character and personality, the unconscious, volition, thought, memory,… …   Universalium

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