A West Virginia Motion to Make Specific Findings of Fact and State Conclusions of Law is an essential document filed in Domestic Relations cases to ensure that the court makes specific factual findings and legal conclusions regarding the case. This motion aims to present the court with a clear and comprehensive record of the relevant facts and applicable laws. In West Virginia, there are several types of Motions to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations, including: 1. Divorce: When a couple decides to dissolve their marriage, they may file a motion seeking specific findings of fact and conclusions of law related to property division, child custody, alimony, child support, and other relevant issues. 2. Child Custody: In cases where parents are disputing custody arrangements, a motion for specific findings of fact and conclusions of law can be filed to request the court to make conclusive determinations regarding the best interests of the child, visitation schedules, parental rights, and responsibilities. 3. Child Support: When there is a need to establish or modify child support payments, a motion can be filed to request the court to make specific factual findings and legal conclusions relevant to the determination of child support obligations. 4. Alimony and Spousal Support: In cases where one spouse seeks alimony or spousal support from the other, a motion can be filed to present the court with specific facts and legal arguments supporting the need for these financial considerations. 5. Property Division: When couples are dividing marital assets and debts, a motion can be filed to ensure specific findings of fact and conclusions of law are made regarding the equitable distribution of property, including real estate, bank accounts, investments, and other marital assets. The purpose of the West Virginia Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations is to enable the court to provide a clear and well-reasoned decision based on the presented evidence and applicable laws. This motion enhances transparency, ensures fairness, and helps create a solid legal foundation for any appeals or future modifications to the court's orders.
West Virginia Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations
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How to fill out Motion To Make Specific Findings Of Fact And State Conclusions Of Law - Domestic Relations?
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When there is disagreement about the facts of a case, the judge or jury determines what the facts are by making findings of fact. The findings of fact ? for example, that the light was red, not green as the plaintiff alleges ? must be supported by evidence in the record.
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.
Findings by the court. (1) In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment.
In both civil and criminal cases, it is the jury's duty to decide the facts in ance with the principles of law laid down in the judge's charge to the jury. The decision is made on the evidence introduced, and the jury's decision on the facts is usually final.
Trials the judge not only makes the legal conclusions but also is the finder of fact. Written findings of fact and conclusions of law are required in all actions tried without a jury, whether or not requested by a party.
A finding, also known as a ?finding of fact?, is the determination of a factual question contributing to a decision in a case by the trier of fact after a trial of a lawsuit.
"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.
A Findings of Fact and Conclusions of Law is a written document from the trial court which can help make or break a case on appeal.
