Findings Fact Conclusions Law Within The Court
Description
How to fill out Motion To Make Specific Findings Of Fact And State Conclusions Of Law - Domestic Relations?
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FAQ
In legal terms, 'evidence' refers to any material presented in court to prove or disprove a fact. This can include documents, witness testimony, objects, and other forms of information. Altogether, evidence plays a crucial role in shaping the findings fact conclusions law within the court.
"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.
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. A conclusion of law is to be contrasted with a conclusion of fact which can be made by a judge or jury.
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.
Depending 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).
The conclusions of law necessary to be stated are the conclusions which, under the facts found, are required by the law and from which the judgment is to result. Montgomery, supra.,, citing 89 C.J.S., Trial, § 615b (1955). Conclusions of Law must be stated separately from the findings of fact.
