Intrinsic fraud

The U.S. Supreme Court defined and distinguished intrinsic from extrinsic fraud in its unanimous 1878 United States v. Throckmorton decision, written by Justice Samuel Freeman Miller.

It described intrinsic fraud as "any matter which was actually presented and considered in the judgment assailed", declining to grant equitable relief to the federal government over an allegation that a settler's land claim in Mexican-ruled California had been secured two decades earlier after California became a U.S. territory through falsified documents and perjured affidavits.

Even though the issue had not been raised at the original trial, the Court held that the government had had ample opportunity to exercise due diligence and investigate the evidence.

Such actions will usually lead to a mistrial being declared and after any penalties for the involved parties a new trial will take place on the same matter.

For example, if John tells his mother that he is taking a college course on handwriting analysis, and for his homework, he needs her to read and sign a pretend deed.