{"id":13671,"date":"2018-02-11T20:56:42","date_gmt":"2018-02-11T20:56:42","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13671"},"modified":"2018-02-19T05:09:38","modified_gmt":"2018-02-19T05:09:38","slug":"fact","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13671","title":{"rendered":"Fact – a deed; an act; that which exists and is real and true \u2014 which actually took place \u2014 not that which might not have occurred"},"content":{"rendered":"

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fact<\/span>:<\/span><\/strong>
\n(15c)<\/span><\/p>\n

1. Something that actually exists; an aspect of reality<\/strong> <it is a fact that all people are mortal>.\u00a0 *\u00a0 Facts include not just tangible things, actual occurrences, and relationships, but also states of mind such as intentions and the holding of opinions. <\/strong><\/span><\/p>\n

2. An actual or alleged event or circumstance, as distinguished from its legal effect, consequence, or interpretation<\/strong> <the jury made a finding of fact>.<\/strong> \u2014 aka historical fact<\/span><\/strong><\/em>. <\/span><\/p>\n

3. An evil deed; a crime<\/strong> <an accessory after the fact>. <\/strong>[1]<\/span><\/p>\n

1. A deed; an act; that which exists; that which is real; that which is true, an actuality; that which took place, not that which might or might not have took place, not that which might or might not have occurred. Churchill v Meade<\/em>, 92 or 626, 182 P 368<\/span>.<\/strong> [2]<\/span><\/p>\n

1. An actual occurrence, as distinguished from the legal consequences of the occurrence; something that took place, not something that might or might not have occurred; an act or deed; that which exists; that which is real; that which is true.<\/strong>\u00a0 [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Thomas Starkie’s A Practical Treatise on the Law of Evidence<\/em><\/a> (2d Am. ed. 1828):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cBy facts and circumstances are meant all things and relations, whether natural or artificial, which really exist, whether their existence be perceptible by the senses, or otherwise.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from John H. Wigmore’s A Students\u2019 Textbook of the Law of Evidence<\/em><\/a> (1935):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cA fact is any act or condition of things, assumed (for the moment) as happening or existing.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

adjudicative fact<\/span> –<\/span><\/strong> (1959) A controlling or operative fact, rather than a background fact; a fact that is particularly related to the parties to a proceeding and that helps the tribunal determine how the law applies to those parties.\u00a0 *\u00a0 For example, adjudicative facts include those that the jury weighs.<\/strong>\u00a0 See Fed. R. Evid. 201<\/strong><\/a>.\u00a0 Cf. legislative fact.<\/span><\/p>\n

alienative fact<\/span> –<\/strong> (1902) A fact that divests a person of a right by transferring it to another.<\/strong>
\n<\/span><\/p>\n

ancient fact<\/span> –<\/strong> (17c) A fact about a person, thing, or event that existed or occurred a very long time ago, and about which no living person has firsthand knowledge. <\/strong>\u2014 aka fact in pais<\/span><\/strong><\/em>.<\/span><\/p>\n

collateral fact<\/span> –<\/strong> (18c) A fact not directly connected to the issue in dispute, especially because it involves a different transaction from the one at issue.\u00a0 *\u00a0 Evidence of collateral facts is generally inadmissible.<\/strong><\/span><\/p>\n

denotative fact<\/span> –<\/strong> (1982) A fact relevant to the use of a nonlegal term in a legal rule.<\/strong><\/span><\/p>\n

dispositive fact<\/span> –<\/strong> (1946) 1. A fact that confers rights or causes the loss of rights.\u00a0 *\u00a0 A dispositive fact may be either an investitive or a divestitive fact.<\/strong> \u2014 aka vestitive fact<\/span><\/strong><\/em>.\u00a0 2. A fact that is decisive of a legal matter; evidence that definitively resolves a legal issue or controversy.<\/strong>\u00a0 See DISPOSITION<\/strong><\/a>.<\/span><\/p>\n

divestitive fact<\/span> –<\/strong> (1973) A fact that causes the loss of rights; an act or event modifying or extinguishing a legal relation. <\/strong>\u2014 aka extinctive <\/span><\/strong><\/em><\/span>fact<\/span><\/strong><\/em>; destitutive fact<\/span><\/strong><\/em>; ablative fact<\/strong><\/em><\/span>. <\/span><\/p>\n

evaluative fact<\/span> –<\/strong> (1986) A fact used to assess an action as being reasonable or negligent.<\/strong><\/span><\/p>\n

evidentiary fact<\/span> –<\/strong> (1855) 1. A fact that is necessary to the operation of an evidentiary rule or <\/strong><\/span>that is necessary for or leads to the determination of an ultimate fact.<\/strong> \u2014 aka predicate fact<\/span><\/strong><\/em>.\u00a0 2. A fact that furnishes evidence of the existence of some other fact.<\/strong> \u2014 aka evidential fact<\/span><\/strong><\/em>.\u00a0 3. See fact in evidence<\/em>.<\/span><\/p>\n

exonerative fact<\/span> –<\/strong> (1980) A divestitive fact that extinguishes a duty.<\/strong><\/span><\/p>\n

fabricated fact<\/span> –<\/strong> False or deceitful evidence that is unlawfully created, usually after the relevant event, in an attempt to achieve or avoid liability or conviction. <\/strong>\u2014 aka fabricated evidence<\/strong><\/span><\/em>.
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