Also known as: statements of fact · statement of facts · factual statement
Written by attorneys · grounded in primary & secondary sources — see below
An assertion that a particular fact exists or has existed. The assertion may be express or implied by conduct and is distinct from a statement of opinion that does not convey an underlying factual claim.
Lopez represents Rivera in a disciplinary hearing. Lopez states that no trust account discrepancies were ever found. After the hearing Lopez reviews the audit and learns it documented a short-term deficit. Lopez must inform the board that the earlier statement was inaccurate.
A newspaper publishes that Samuel Soto failed to disclose a prior regulatory inquiry on his bar application. Soto sues for defamation. The newspaper proves the statement is true. Soto cannot recover because truth defeats the claim.
Select any source to read its text and confirm it supports the definition.
An assistant district attorney circulates a questionnaire asking colleagues about office morale and transfer policies. Supervisors treat the questionnaire as critical statements of fact about office operations. The court evaluates whether the questionnaire addresses matters of public concern.
A magazine article states that an attorney is a Communist sympathizer who has participated in subversive activities. The attorney sues for defamation. The court requires the plaintiff to prove the statement of fact is false and made with actual malice.
State officials order a grower to build in-state packing facilities before shipping cantaloupes. The grower challenges the order as an unconstitutional burden on interstate commerce. The parties file an agreed statement of facts describing the cost and delay the order would impose.
A pregnant woman challenges a state criminal abortion statute. The complaint alleges the statute imposes an unconstitutional restriction on her liberty. The court examines the factual record concerning the timing of her pregnancy and the statute's application.
A lawyer must correct a prior statement of fact to a tribunal once the lawyer learns it was false in a material respect. The duty continues through the conclusion of the proceeding. Reasonable remedial measures begin with correcting the record on the lawyer's own initiative.
Yes. One who publishes a defamatory statement of fact is not subject to liability if the statement is true. The defendant may raise truth as an affirmative defense.
A statement is treated as one of fact when a reasonable person would understand it to assert the existence of a particular fact rather than a subjective view. Pure opinion that does not imply undisclosed defamatory facts receives First Amendment protection.
…rights of others. Moose Lodge v. Irvis , 407 U. S. 163 (1972); Sierra Club v. Morton , 405 U. S. 727 (1972). The Court's statement of facts in this case makes clear, however, that the record in no way indicates the presence of such a plaintiff. We know only that plaintiff Roe at the time of filing her complaint was a pregnant…