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FINDLAW LEGAL DICTIONARY

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Fact

fact n

[Latin factum deed, real happening, something done, from neuter of factus , past participle of facere to do, make]
1 : something that has actual existence
: a matter of objective reality
2 : any of the circumstances of a case that exist or are alleged to exist in reality
: a thing whose actual occurrence or existence is to be determined by the evidence presented at trial see also finding of fact at finding , judicial notice question of fact at question , trier of fact compare law , opinion

adjudicative fact
: a fact particularly related to the parties to an esp. administrative proceeding compare legislative fact in this entry

collateral fact
: a fact that has no direct relation to or immediate bearing on the case or matter in question compare material fact in this entry

constitutional fact
: a fact that relates to the determination of a constitutional issue (as violation of a constitutional right) used esp. of administrative findings of fact

evidentiary fact
: a fact that is part of the situation from which a case arises and that is established by testimony or other evidence called also mediate fact predicate fact compare ultimate fact in this entry

legislative fact
: a fact of general social, economic, or scientific relevance that does not change from case to case compare adjudicative fact in this entry

material fact
: a fact that affects decision making: as
a : a fact upon which the outcome of all or part of a lawsuit depends
b : a fact that would influence a reasonable person under the circumstances in making an investment decision (as in purchasing a security or voting for a corporate officer or action)

mediate fact
: evidentiary fact in this entry

predicate fact
: evidentiary fact in this entry

ul·ti·mate fact
[əl-ti-mət-]
: a conclusion of law or esp. mixed fact and law that is necessary to the determination of issues in a case and that is established by evidentiary facts compare evidentiary fact in this entry

in fact
: as a factual matter
: established by fact rather than as a matter of law



Source: Merriam-Webster's Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.