A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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Legal Definitions - scandalous matter

LSDefine

Definition of scandalous matter

In legal proceedings, scandalous matter refers to information included in a legal document that is both:

  • Grossly disgraceful or defamatory: Meaning it contains highly offensive, damaging, or reputation-harming accusations or statements about an individual or entity.
  • Irrelevant to the case: Meaning it has no bearing on the actual legal issues, facts, or arguments central to the lawsuit or defense.

Courts have the authority to remove such material from legal filings to ensure that proceedings remain focused on the pertinent legal issues and to prevent the misuse of the legal system for personal attacks or the dissemination of unrelated, harmful information.

Examples of Scandalous Matter:

  • Contract Dispute: Imagine a company suing a former business partner for breach of a supply contract. In their initial complaint, the company includes a lengthy paragraph detailing unverified rumors about the former partner's alleged extramarital affairs and lavish spending habits, claiming these show a general lack of trustworthiness. This would be considered scandalous matter because the accusations are disgraceful and potentially defamatory, and they are entirely irrelevant to whether the terms of the supply contract were violated or fulfilled.

  • Property Line Dispute: In a lawsuit between two neighbors over the exact boundary of their properties, one neighbor files a document that includes a statement asserting that the other neighbor's teenage child was once suspended from school for vandalism several years ago. This information is scandalous because it is a derogatory personal detail about a family member and is completely unrelated to the legal question of where the property line lies. The court would likely order this statement to be removed from the filing.

  • Personal Injury Claim: A person sues a driver for negligence after a car accident, seeking compensation for medical expenses and lost wages. In their defense, the driver's legal team includes a section in their response alleging that the injured person has a history of making frivolous complaints to various government agencies and is known in their community as a "chronic exaggerator." This constitutes scandalous matter because these are disparaging, unproven character attacks that are irrelevant to determining whether the driver was negligent in the accident or the extent of the plaintiff's injuries and damages.

Simple Definition

"Scandalous matter" in civil procedure refers to information included in a legal document that is both grossly disgraceful or defamatory and completely irrelevant to the case. Courts can order such material to be removed from a pleading to maintain focus on the pertinent legal issues.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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