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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FAQ
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.
