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Collusion

1925, s. 178, replacing the (English) Matrimonial Causes Act, 1857 (c. 85), ss. 30 and 31; and a collusive penal action is no bar to a bona fide penal action by virtue of 4 Hen. 7, c.

Deceit

Deceit [fr. deceptio, Lat.], fraud, cheat, craft, or collusion used to deceive and defraud another. In an action of deceit the plaintiff must prove that the defendant

Fraud

or treated as fradulent by statute, see MISFEASANCE; PROSPECTUS; WINDING-UP; FRADULENT PREFERENCE; FRAUDULENT CONVEYANCES; PASSING OFF. Fraud and collusion vitiate even the most solemn proceedings in any civilised system of jurispru-dence. It is a concept descriptive of

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Recovery

of Y. To bar the entail a tenant-in-tail adopted the above procedure by means of a fictitious and collusive action. A., the tenant-in-tail, procured a friend D. (the Demandant) to bring an action for recovery of land

derivative action

must fairly and adequately represent the other similarly situated shareholders or members, and the action may not be collusive. Federal Rule of Civil Procedure 23.1 governs derivative actions brought in federal court.

Faint pleader

Faint pleader, a fradulent, false, or collusive manner of pleading to the deception of a third person, 3 Edw. 1, c. 19.

Intervention

in any suit for the dissolution of marriage, on the ground that the parties have been guilty of collusion, or that material facts have been suppressed.

Queen's proctor

For example, in a suit for divorce or nullity of marriage, the Queen's proctor might intervene to prove collusion between the parties. Also termed (when a king reigns) King's proctor, Black's Law Dictionary, 7th Edn., p. 1259.

Qude jus

a religious person's right to a judgment, before its execution, to make sure that the judgment was not collusively made to avoid the mortmain statute, Black's Law Dictionary, 7th Edn., p. 1253.

Quale jus

to inquire what right the religious person had to recover, or whether the judgment were obtained by the collusion of the parties, to the intent that the lord might not be defrauded, Reg. Judic. 8. See 13

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