Also known as: facts · factual
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An event or circumstance that has occurred or exists in reality. This category encompasses both actual happenings and alleged occurrences presented for determination in legal proceedings.
A matter presented for resolution by the trier of fact rather than a question of law. Such facts must be supported by evidence or judicial notice and determine the application of legal rules to the parties.
Each sense below has its own examples, sources, and questions.
An event or circumstance that has occurred or exists in reality. This category encompasses both actual happenings and alleged occurrences presented for determination in legal proceedings.
Select any source to read its text and confirm it supports the definition.
A matter presented for resolution by the trier of fact rather than a question of law. Such facts must be supported by evidence or judicial notice and determine the application of legal rules to the parties.
Felicity French sues Foster Forge for breach of contract seeking more than twenty dollars. The jury hears testimony about the parties' negotiations and performance. Those events constitute facts that the jury alone resolves under the Seventh Amendment.
Falcon Dynamics files a complaint alleging specific delivery dates and quantities. Before filing counsel confirms internal shipping records support those dates. The records supply the required evidentiary basis for the factual contentions.
Frederick Ferguson and Francesca Fowler agree to rob a bank vault they believe contains cash. Unknown to them the vault had been emptied the day before. The agreement and their intent to commit the robbery establish the crime even though the objective cannot be achieved.
Fabian Flynn contracts to sell land to Francois Fortier. A recorded easement burdens the parcel and remains uncured at closing. The existence of the easement renders title unmarketable so Fortier may refuse to close and seek rescission.
Freya Freeman is acquitted of theft and later charged with receiving stolen property. Each offense requires proof of a different fact concerning her knowledge and conduct so double jeopardy does not bar the second prosecution.
No. The agreement and intent to commit the unlawful act suffice for guilt even when external facts render the objective impossible to achieve.
Fisher Foods moves the court to take judicial notice that a warehouse lies within the judicial district. On timely request opposing counsel receives a hearing to contest whether the location qualifies as a noticed fact.
The jury resolves questions of fact such as what events occurred while the court decides questions of law. The Seventh Amendment preserves the jury's exclusive authority over facts once tried.
A party may request a hearing on the propriety of taking notice and the nature of the fact. The request must be timely and the court must afford the opportunity even if notice was taken before notification.
…affidavits. They objected to being sworn, alleging they were clerks in the Department of State and not bound to disclose facts relating to the business or transactions in the office. Mr. Lee observed that the Secretary of State's duties are of two kinds and he exercises functions in two distinct capacities: as a…