Also known as:find · finds · found · findings · findings of fact · fact-finding
Written by attorneys · grounded in primary & secondary sources — see below
A determination by a court or jury that a particular fact exists or that a specified legal condition has been established by the evidence.
Sources & Authorities
How it applies
Common Examples
6
Witness Personal Knowledge
Forrest Falconer takes the stand and describes seeing the collision from his parked car across the street. The judge admits his testimony after determining that his account of the clear weather and unobstructed view supplies enough support for the jury to conclude he had personal knowledge of the events.
Statutory Standard of Care
Farid Farahani sues a factory owner after a machine guard fails to prevent injury. The court determines that the state safety regulation was designed to protect workers like Farahani and therefore adopts the regulation's requirements as the standard of reasonable care.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Fatima Flores, a state sheriff, refuses to perform federal background checks required by a new statute. The Supreme Court determines that the federal directive commandeers state officers and therefore violates the Tenth Amendment.
Removal Time Bar
Fernando Farrell files a diversity action in state court. More than a year later the defendant seeks removal. The district court determines that the plaintiff did not act in bad faith to prevent removal and therefore denies the petition as untimely.
Unwed Father's Rights
Floyd Franklin seeks to block the adoption of his newborn child. The court determines that he never visited, paid support, or attempted to assume custody and therefore concludes he has no right to veto the adoption.
Extradition Obligation
Francesca Fiore is charged with a felony in State A and flees to State B. State A demands her return. State B determines that the extradition clause requires delivery of the fugitive and therefore orders her transfer.
Common questions
Frequently Asked
4
What must be shown before a witness may testify about a matter under Rule 602?+
Evidence must be introduced that is sufficient to support a finding that the witness has personal knowledge of the matter. The witness's own testimony can supply that evidence.
Supporting sources
Does compliance with a safety regulation automatically prevent a finding of negligence?+
No. Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence where a reasonable person would take additional precautions.
Supporting sources
When may a case be removed more than one year after it was filed?+
Removal on diversity grounds more than one year after commencement is permitted only if the district court finds that the plaintiff acted in bad faith to prevent removal.
Supporting sources
What determines whether an unmarried biological father can veto an adoption?+
The court looks to his actual manifestations of parental responsibility. A finding that he never attempted to establish a relationship means consent is unnecessary.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…as many as twelve commissions for that county were delivered to him for which he gave a receipt which he left in the office; finding he could not conveniently carry the whole he returned several and struck a pen through some names in the receipt which he returned. Among the commissions returned, to the best of his…