Sample Proposed Findings Of Fact And Conclusions Of Law
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How to fill out Contest Of Final Account And Proposed Distributions In A Probate Estate?
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FAQ
Hear this out loud PauseDepending on the circumstances, the finding can be made by a judge or a jury. This could be a finding of fact (as in: the defendant was the one who robbed the bank) or a finding of law (as in: the defendant's use of the copyrighted material was protected by the fair use doctrine).
Hear this out loud Pause"The defendant is guilty of murder" is a legal conclusion because it expresses a legal result without including the facts that support the guilt. "The plaintiff has a right to compensation" is another example of a legal conclusion because it expresses a legal duty without including the facts that create the duty.
Primary tabs. Conclusion of law refers to a decision made by a judge regarding a question of law. A conclusion of law determines what laws and how the laws apply to a particular case. These decisions often determine the outcome of a case, and they are usually the basis for review on appeal.
Hear this out loud PauseAfter the trial concludes, both sides write up extensive "Proposed Findings of Fact and Conclusions of Law" that detail exactly how they think the Court should rule on each point in dispute. The Proposed Findings are written in the voice of the Court so that the judge can include them in his opinion if he agrees.
Hear this out loud PauseIf you wrote the findings of fact clearly and concisely, these will be a snap to write. Although you can use more complex sentences in the conclusions than in the findings of fact, keep them brief. Avoid simply quoting statutes, regulations or case law for the conclusions; instead, paraphrase the relevant law.