Findings Fact Conclusions Law Within The 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
Evidence refers to any tangible items or statements that support or disprove a legal claim or argument in a courtroom setting. This may include documents, testimonies, or physical objects that can determine the facts of a case. Understanding how evidence functions relates directly to findings fact conclusions law within the law, which is crucial in reaching just outcomes.
Rule 52 of the North Carolina Rules of Civil Procedure specifically addresses findings of fact and conclusions of law. It mandates judges to state their findings of fact along with the conclusions drawn from them in bench trials. This enhances the transparency of judicial decisions, allowing parties to understand the reasoning behind the judgment.
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.
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).
Findings of fact: Write concise statements, each statement stating one fact. Each fact is separated from the next by a line space. Use a bulleted format; do not write in narrative paragraphs. Use RV and RP rather than names.
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.
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.
