Fact Finding In Law
Description
How to fill out Motion To Make Specific Findings Of Fact And State Conclusions Of Law - Domestic Relations?
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FAQ
Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are. Findings of fact may be made by either a jury or a judge depending on whether the case is criminal or civil and/or if there is an agreement between the parties.
A Question of Fact asks what is true and what is false. These questions can be answered with a fact that can be verified in a reference book. Example: Which building is the tallest in the world? Who is the richest person in the U.S.? Who scored the most points in the NBA last season?
Questions of fact often have to do with the particular details of the case. For example, in a criminal trial, whether or not the defendant is guilty is a question of fact. In some jurisdictions, a question of fact describes an issue regarding the determination or interpretation of foreign law in a case.
A finding, also known as a ?finding of fact?, is the determination of a factual question contributing to a decision in a case by the trier of fact after a trial of a lawsuit.
When there is disagreement about the facts of a case, the judge or jury determines what the facts are by making findings of fact. The findings of fact ? for example, that the light was red, not green as the plaintiff alleges ? must be supported by evidence in the record.
