material

Important; more or less necessary; having influence or effect; going to the merits; having to do with matter, as distinguished from form. Representation relating to matter which is so substantial and important as to influence party to whom made is "material."

See material fact; relevant

@ material allegation

An allegation is said to be material when it forms a substantive part of the case presented by the pleading. A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient

@ material alteration

A material alteration in any written instrument is one which changes its tenor, or its legal meaning and effect; one which causes it to speak a language different in effect from that which it originally spoke. A material alteration of a deed is one which effects a change in its legal effect. Boys v. Long, Okl., 268 P.2d 890, 893.

Any alteration of an instrument is material which changes the contract of any party thereto in any respect, including any such change in:

(a) the number or relations of the parties; or

(b) an incomplete instrument, by completing it otherwise than as authorized; or

(c) the writing as signed, by adding to it or by removing any part of it. U.C.C. No. 3-407(1). The term is defined similarly when applied to other kinds of commercial paper

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- material breach (See breach of contract)

@ material evidence

That quality of evidence which tends to influence the trier of fact because of its logical connection with the issue. Evidence which has an effective influence or bearing on question in issue. Barr v. Dolphin Holding Corp., Sup., 141 N.Y.S.2d 906, 908.

"Materiality" of evidence refers to pertinency of the offered evidence to the issue in dispute. Vine Street Corp. v. City of Council Bluffs, Iowa, 220 N.W.2d 860, 863.

Evidence which is material to question in controversy, and which must necessarily enter into the consideration of the controversy, and which by itself or in connection with other evidence is determinative of the case. Camurati v. Button, 48 Tenn.App. 54, 342 S.W.2d 732, 739.

To establish Brady violation requiring reversal of a conviction, defendant must show that prosecution has suppressed evidence, that such evidence was favorable to defendant or was exculpatory, and that evidence was material; evidence is "material" if there is reasonable probability that, but for failure to produce such evidence, outcome of case would have been different. U.S. v. Barragan, C.A.Fla., 793 F.2d 1255, 1259; Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215.

See also evidence

- relevancy

- relevant evidence

@ material fact

Contracts. One which constitutes substantially the consideration of the contract, or without which it would not have been made.

See also reliance

Insurance.

A fact which, if communicated to the agent or insurer, would induce him either to decline the insurance altogether, or not accept it unless a higher premium is paid. One which necessarily has some bearing on the subject-matter. A fact which increases the risk, or which, if disclosed, would have been a fair reason for demanding a higher premium. Any fact the knowledge or ignorance of which would naturally influence the insurer in making or refusing the contract, or in estimating the degree and character of the risk, or in fixing the rate.

Pleading and practice.

One which is essential to the case, defense, application, etc., and without which it could not be supported. One which tends to establish any of issues raised. The "material facts" of an issue of fact are such as are necessary to determine the issue. Material fact is one upon which outcome of litigation depends. Amant v. Pacific Power & Light Co., 10 Wash. App. 785, 520 P.2d 481, 484.

See also material allegation.

Securities.

To be a "material" fact within the Securities Act of 1933, it must concern information about which an average prudent investor ought reasonably be informed before purchasing a security. Gridley v. Sayre & Fisher Co., D.C.S.C., 409 F.Supp. 1266, 1270.

Within purview of Securities Act provision rendering it unlawful for any person in connection with offer, sale or purchase of any security, directly or indirectly, to make any untrue statement of material fact, or fail to disclose a material fact, is one which a reasonable person would attach importance to in determining his or her choice of action in the transaction. Or, stated alternatively, a fact is deemed "material" if its disclosure would have been viewed by a reasonable investor as having significantly altered the "total mix" of information made available. Securities and Exchange Commission v. Paro, D.C.N.Y., 468 F.Supp. 635, 646.

An omitted fact is material if there is a substantial likelihood that a reasonable shareholder would consider it important in deciding how to vote. TSC Industries, Inc. v. Northway Inc., 426 U.S. 438, % S.Ct. 2126, 48 L.Ed.2d 757.

See also reliance; Rule 10b-5.

Summary judgment

In determining what constitutes a genuine issue as to any material fact for purposes of summary judgment, an issue is "material" if the facts alleged are such as to constitute a legal defense or are of such nature as to affect the result of the action. Austin v. Wilder, 26 N.C.App. 229, 215 S.E.2d 794, 796.

See Fed.R.Civil P. 56(c).

A fact is "material" and precludes grant of summary judgment if proof of that fact would have effect of establishing or refuting one of essential elements of a cause of action or defense asserted by the parties, and would necessarily affect application of appropriate principle of law to the rights and obligations of the parties. Johnson v. Soulis, Wyo., 542 P.2d 867, 872

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