The Law Dictionary

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IMPERTINENCE Definition & Legal Meaning

Definition & Citations:

Irrelevancy; the fault of not properly pertaining to the issue orproceeding. The introduction of any matters into a bill, answer, or other pleading orproceeding in a suit, which are not properly before the court for decision, at anyparticular stage of the suit Story, Eq. PI.I 206; Harrison v. Perea, 168 U. S. 311, 18 Sup. Ct. 129, 42 L Ed. 478.In practice. A question propounded to a witness, or evidence offered or sought to beelicited, is called “impertinent” when it has no logical bearing upon the issue, is notnecessarily connected with it, or does not belong to the matter in hand. On the distinctionbetween pertinency and relevancy, we may quote the following remark of Dr.Wharton: “Relevancy is that which conduces to the proof of a pertinent hypothesis: apertinent hypothesis being one which, if sustained, would logically influence the issue.”1 Whart. Ev.


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