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