Difference Between Findings Of Fact And Conclusions Of Law

State:
Multi-State
Control #:
US-MOT-01429
Format:
Word; 
Rich Text
Instant download

Description

The document in question is a motion submitted to the Circuit Court requesting an amendment to a prior opinion. It emphasizes the difference between findings of fact and conclusions of law, which are critical in legal proceedings. Findings of fact pertain to the evidence presented and what the court determines as the truth, while conclusions of law involve the application of legal standards to those facts. This distinction is essential as it affects the outcomes of cases, particularly in family law matters such as custody and support. The motion also requests specific findings and conclusions related to child custody and support issues. The utility of this form is significant for attorneys, partners, and associates as it facilitates clarity and precision in legal arguments. Paralegals and legal assistants can utilize this form to assist in drafting and filing motions, ensuring compliance with court procedures. Overall, this document serves as a vital tool for professionals aiming to advocate effectively on behalf of their clients.

How to fill out Motion To Make Specific Findings Of Fact And State Conclusions Of Law - Domestic Relations?

The Distinction Between Findings Of Fact And Legal Conclusions.

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FAQ

In a trial, the final result of an analysis of the facts presented in evidence, made by the trier of fact (a jury or judge). When a judge is the trier of fact, he or she will present orally in open court or in a written judgment the conclusions of fact supporting the decision.

?The question of whether facts established by a party constitute a breach of contract is one of law to be determined by the court, but whether facts sufficient to constitute a breach of contract have been established is ordinarily a question of fact to be determined by the trier of fact, under proper instructions from ...

Facts are things that are objectively true and typically can be verified. Opinions are thoughts people have about the facts. Conclusions are logical derivations from the facts.

If 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.

Findings of fact are reviewed for sufficiency of the evidence; conclusions of law are reviewed de novo.

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Difference Between Findings Of Fact And Conclusions Of Law