The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. The word «fact» is derived from the Latin word «factum». It was first used in the English language with the same meaning, which is a thing that is done or executed. But the same thing is now obsolete. The word «done» now means «something that happened.» The meaning dates back to the middle of the 16th century. In secular language, the fact represents «something that is real, tangible as a real event» and in a dispute, a fact is the information of the case about an event or circumstance. In most common law legal systems, the concept of fact and its analysis reflect the fundamental principles of jurisprudence. It is also supported by various established standards. In common law legal systems, facts have many formal definitions, including: • fact is a required element in a judicial proceeding to prove a cause of action; • The fact is the potential reason for a reversible error, which is conveyed in the appeal to a court of appeal; • The fact assists in establishing the investigator after the evaluation of admissible evidence; • all matters that are being investigated to determine whether or not a crime has been committed and to establish the guilt of the accused. In India, the term fact has been described in section 3 of the Indian Evidence Act. And this is not only limited to the tangible nature, but even includes the state of mind, feelings and personal opinions are under the broad umbrella of facts. At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet.
Contact us. LawInfo.com Nationwide Bar Directory and Legal Consumer Resources Legal facts are the information on which lawyers base their arguments to win cases in court. The purpose of evidence presented at trial is to prove the facts that support the argument. Evidence is the key to convincing the judge or jury that your facts are the right ones on which to base a final decision. It is up to each party to a trial to prove, to the satisfaction of the court and by presenting evidence, the facts necessary to support his or her case.  Facts are usually the information about the case that the client gives to his lawyer. Lawyers base their arguments on the facts presented in order to win court cases. The very first step in finding a legal solution to a single problem is to apply the law to the facts of the case.
Before a legal solution to the particular problem can be found or whether legal action should be taken, it is necessary to identify the facts of the case that are decisive for the outcome of the case. One thing has been done; an act or incident performed; an event or circumstance; a real event. In the early days of law, the term «act» was used almost exclusively in the sense of «act» or «act»; But although this usage has survived, in some expressions such as «accessory before the fact», it has now acquired the broader meaning given above. A fact is either a state of affairs, i.e. an existence, or a movement, i.e. an event.1 Benth. Jud. Ev. 48.In the law of evidence. A circumstance, event or event as it occurs or actually occurred; a physical object or appearance as it exists or has actually existed. A real and absolute reality, distinct from mere assumptions or opinions; A truth, as opposed to fiction or error. Burrill, Circ.
Ev. 218. The term «fact» is very often used to oppose or oppose the «law». Questions of fact are therefore a matter for the jury; Legal questions for the Court of Justice. A lawyer at Laic is therefore an official of the courts; A lawyer, in fact, is appointed by a client`s written permission to manage matters that are not normally professional. Indeed, fraud consists of a real intention to defraud, which is put into practice; whereas the legally imputed fraud results from man`s behavior in his necessary relationships and consequences. The word is widely used in sentences that contrast it with the law. Law is a principle; The fact is an event that is conceived by law; The fact is indeed. The law is a rule of duty; The fact is what corresponds to the rule or violates it. The distinction is generally well illustrated that the existence of foreign laws is a fact. Within its competence, the law acts as a binding rule that judges must recognize and enforce; However, before a court outside that court, it loses its binding force and its right to judicial notification.
The fact that it exists, while important for the rights of the parties, must be affirmed and proven in the same way as the very existence of any other institution. Abbott. The terms «fact» and «truth» are often used interchangeably in everyday language, but they are very different in terms of advocacy. A fact in the plea is a circumstance, action, event or incident; A truth is the principle of law that explains or regulates the facts and their operational effect. If the facts set out in a complaint are admitted, the truth may be that, prima facie with his or her complaint, the plaintiff is not entitled to what the claims claim. The manner in which an accused presents this truth for his protection is demurrage. Drake v. Cockroft, 4 E.
D. Smith (N.Y.) 37. • The relevant fact is the fact that has some probative value. This means that a link can be traced either from cause to effect or from effect to cause. All facts that exist in relation to the cause or effect of the alleged fact can be described as relevant. • Irrelevant facts are facts that happen to be related to the event but have no significant legal significance in the case. • Physical facts include the state of things or the relationship of things, anything that can be perceived or perceived by the senses. • A psychological fact is any mental state of which a person is aware. A question of fact in a dispute is what actually happened.
During a trial, questions of fact are usually left to the jury after each opposing party has presented their case. In contrast, a question of law is usually decided by a judge who must deal with the applicable legal rules and principles that affect what has happened.