Findings Of Fact And 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
A finding of fact, also known as a conclusion of fact, refers to decisions made by the trier of fact on questions of fact in a case. Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are.
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 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.
5. ?ingly, a motion court's findings of historical fact will be overturned only when clearly erroneous; however, the legal conclusions drawn from the historical facts are subject to an independent examination by this court.? State v.
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.
