Findings Of Fact Conclusions Of Law And Order
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 information, documents, or material presented in a legal context to support assertions during a trial or hearing. It can include witness testimony, physical objects, and documents, all contributing to the findings of fact conclusions of law and order. Understanding the role of evidence is essential for building a strong legal case.
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.
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.
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).
After the trial concludes, both sides write up extensive "Proposed Findings of Fact and Conclusions of Law" that detail exactly how they think the Court should rule on each point in dispute. The Proposed Findings are written in the voice of the Court so that the judge can include them in his opinion if he agrees.
