finding of fact
Học thuậtThân thiện
Definition
Noun: - (Law) The determination of factual issues: A "finding of fact" is the formal conclusion reached by a judge or jury regarding the truth of specific factual matters presented in a legal case. It is based on the evidence and testimony provided. - A result of factual inquiry: It refers to the established facts upon which legal judgments or decisions are subsequently based.
Usage
- In legal contexts: Used to describe the outcome of the fact-finding process in trials or hearings.
- As a basis for judgment: The "finding of fact" is distinct from conclusions of law; it provides the factual foundation for applying legal rules.
Examples
- The judge's finding of fact that the defendant was at the scene was crucial to the verdict.
- The jury's finding of fact on the contract's terms was not appealed.
- The appellate court must defer to the trial court's finding of fact unless it is clearly erroneous.
Advanced Usage
- "To overturn a finding of fact": A rare action by an appellate court, typically requiring a showing that the finding was unsupported by any substantial evidence.
- "Mixed questions of law and fact": Situations where applying the law is dependent on specific factual findings, highlighting the importance of a clear "finding of fact."
Variants and Related Words
- Finding (n): A broader term that can include both findings of fact and conclusions of law.
- Conclusion of law (n): A legal determination based on the established facts, often contrasted with a "finding of fact."
Synonyms
- Factual determination
- Verdict on the facts (specifically for a jury)
Related Phrases
- To make a finding of fact: The act of establishing a factual conclusion.
- Clear error standard: The legal standard of review often applied to a lower court's "finding of fact."
Noun
- (law) the findings of a jury on issues of fact submitted to it for decision; can be used in formulating a judgment