Also known as: fact finding · factfinding · fact finder · factfinder
Written by attorneys · grounded in primary & secondary sources — see below
The process of taking evidence to determine the truth about a disputed point of fact.
An alien detained as an enemy combatant petitions for habeas relief after a military commission proceeding. The reviewing court permits the detainee to contest the President's detention authority and to introduce newly discovered exculpatory evidence that the commission never considered. The fact-finding process therefore supplies the meaningful substitute required for habeas review.
Francesca Fiore stands trial for murder after stabbing a victim in the chest with a knife. The prosecution introduces evidence that she deliberately aimed the blade at the heart. The factfinder draws the common-law inference that she intended to kill, satisfying the malice aforethought element.
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Felipe Figueroa swings a baseball bat at the victim's head during a confrontation. The prosecution proves the bat was used in a manner likely to cause death. The factfinder may permissively infer an intent to kill from that conduct alone.
Francisco Frost offers epidemiological studies to prove causation in a products liability suit. The trial judge conducts a fact-finding inquiry into the studies' reliability and relevance before deciding whether the jury may hear the expert opinions.
Faith Fitzgerald faces delinquency proceedings for an alleged theft. The court requires the prosecution to prove every element beyond a reasonable doubt through its fact-finding process rather than applying a lower civil standard.
Frostline Textiles sues several competitors alleging parallel pricing conduct. The complaint must contain enough factual matter to permit the factfinder to infer an actual agreement rather than mere independent action.
When a defendant intentionally uses a deadly weapon directed at a vital part of the body, the factfinder may infer an intent to kill that satisfies malice aforethought.
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A meaningful substitute for habeas must allow the detainee to contest the military commission's fact-finding and to introduce post-proceeding exculpatory evidence.
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Any fact that increases a mandatory minimum sentence is an element that must be submitted to the jury and proved beyond a reasonable doubt.
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The Sixth Amendment requires a jury, not a judge, to find the aggravating factors necessary to impose the death penalty.
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…As we said in Speiser v. Randall, supra, at 525-526: "There is always in litigation a margin of error, representing error in factfinding, which both parties must take into account. Where one party has at stake an interest of transcending valueas a criminal defendant his libertythis margin of error is reduced as to him by…