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MISC BUSHWAH

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PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

FACT

Something that occurred or exists and is incontrovertible. There is no such thing as an untrue fact, but in the legal system the word is often used to denote conflicting allegations - and it is up to a judge or jury to decide their truth or falsity.

An action; a thing done. It is either simple or compound. A fact is simple when it expresses a purely material act unconnected with any moral qualification; for example, to say Peter went into his house is to express a simple fact.

A compound fact contains the materiality of the act, and the qualification which that act has in its connection with morals and the law. To say then, that Peter has stolen a horse, is to express a compound fact; for the fact of stealing, expresses at the same time, the material fact of taking the horse and of taking him with the guilty intention of depriving the owner of his property and appropriating it to his own use; a violation of the law of property.

Fact is also put in opposition to law; in every case which has to be tried there are facts to be established and the law which bears on those facts.

Facts are also to be considered as material or immaterial.

Material facts are those which are essential to the right of action or defense, and therefore of the substance of the one or the otherthese must always be proved.

Immaterial facts are those not essential to the cause of action - these need not be proved.

Facts are generally determined by a jury or by the judge, sitting as the trier of fact in a bench trial - but there are many facts which, not encompassing the principal matters at issue, may be decided by the court, such as whether a subpoena has or has not been served; if a party has or has not been summoned; etc.

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