ultimate fact


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ultimate fact

n. in a trial, a conclusion of fact which is logically deduced from evidence ("evidentiary facts"). Example: the evidentiary facts were that driver Larry Leadfoot a) exceeded the speed limit, b) drove over the double-line, c) skidded and lost control of his car; the ultimate fact was, therefore, Leadfoot was negligent. It is essential to introduce the evidentiary facts during the trial in order to prove the ultimate fact. A mere statement by a witness that "Leadfoot was negligent" is not sufficient, since it is an opinion of the witness and is not evidence. (See: evidence)

References in classic literature ?
This is the ultimate fact which we so quickly reach on this, as on every topic, the resolution of all into the ever-blessed ONE.
This great seer did not go beyond the consideration of the tissues as ultimate facts in the living organism, marking the limit of anatomical analysis; but it was open to another mind to say, have not these structures some common basis from which they have all started, as your sarsnet, gauze, net, satin, and velvet from the raw cocoon?
6) Whether the trial Court erred as a matter of law or abused its discretion in failing to grant jnov or a new trial where plaintiffs' expert did not express opinions based upon facts established by the evidence, and testified to ultimate fact, as opposed to permissible expert opinion.
Most importantly, it details the difficulties encountered by practitioners in the criminal justice system, from criminal investigators to the ultimate fact finders, when dealing with--and attempting to avoid--the phenomena of false memory.
Under the principle of "collateral estoppel," when an issue of ultimate fact has been determined against a party by a valid court judgment, that issue cannot again be litigated by the same party in future litigation.
This process produces findings of ultimate fact, such as the determinations that defendant's employee was negligent and was acting within the scope of his or her employment.
The court, quick to resolve this issue, stated that expert opinion testimony is admissible as to ultimate fact if the determination of such ultimate fact requires the application of expert knowledge not within the common knowledge of a jury.
Ageing, no matter how we try to dismiss it, is the ultimate fact of life.
It is the "passing over from content to content" by means of an implicit "more" that is the ultimate fact of conscious life in Lampert's understanding, and in his interpretation of Husserl.
Justice Scalia found only "rare situations" in which the use of a conclusive presumption could be harmless: (1) when the defendants was acquitted and the instruction did not affect any other charges; (2) when the presumption was "with regard to an element of the crime that the defendant in any case admitted"; and (3) when the predicate facts are so "closely related to the ultimate fact" that "no rational jury could find those facts without also finding that ultimate fact.
In unemployment compensation proceedings, the Board is the ultimate fact finding body empowered to determine the weight to be given to all evidence presented to it.

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