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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.
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 take the place of a jury's verdict and provide the factual support for the court's judgment. Findings of fact are the ?who did what, when, where, how, or why.? State v. Sheppard, 271 S.W. 3d 281, 291 (Tex.
For example, if you are representing a party injured in a car accident, your legal theory might be that the other driver was negligent, but your theory of the case might be that ?he was in a rush.? In your Statement of Facts, you highlight facts that support your Theory of the Case?the driver was speeding, late for an ...
Writing a Statement of Facts Tell a story. ... Don't be argumentative. ... You can ? and should ? still advocate. ... Acknowledge unfavorable facts. ... Eliminate irrelevant facts. ... Describe the record accurately. ... You can include law in the facts if it's appropriate. ... It's not just what you say, but how you say it.