Findings Facts And Conclusions Of 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
Conclusions of fact receive deferential treatment on appeal, and an appellate court will only overturn a conclusion of fact if the trier of fact obviously made an error. This is to be contrasted with a conclusion of law which will receive higher scrutiny.
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 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.
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.
Primary tabs. Conclusion of law refers to a decision made by a judge regarding a question of 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.
