immediate dispute between the litigants; whereas legislative facts
The key distinction is between adjudicative facts, which the ABA committee describes as facts concerning the immediate parties who did what, where, when, how, and with what motive or intent, and legislative facts
, which are general facts which help the tribunal decide questions of law and policy and discretion.
The facts here are, as Kenneth Culp Davis aptly puts it, 'legislative facts
', facts about economic, social, political, and other matters that 'inform...
While it is axiomatic that "adjudicative" facts--which are the "whodunit" facts specific to a case--receive clear error deference on appeal, the Supreme Court has yet to address the degree of deference due to legislative facts
. While the dominant view among appellate courts is that legislative facts
should only receive de novo review, the practice of the courts has in actuality been much more fitful and inconsistent.
They are, under the law of evidence, legislative facts
that courts of law must accept as true, regardless of politics or even one's preferred version of history.
Chapter one, "The Affordable Care Act: Overview and Context," provides the legislative facts
and texts, the history, synonyms and editorial names, the role of federal and state governments, insurance exchange/marketplace types, Medicaid, initial outcomes, enrollment, recognition of local needs, project management, and staff awareness.
To complicate matters, the facts relevant to this Article are a special brand of fact that have come to be known as "legislative facts
." (56) A legislative fact
, as I have defined elsewhere and as others have discussed at length, is a generalized fact about the world, as opposed to a "whodunit" fact relating to the parties before a court in any one case.
Even Harry Willmer Jones--who wrote far more scholarship arguing in favor of legislative history than anyone before 1945--admitted, as of 1940, that lawyers were not practically able to brief such material: "The unsatisfactory nature of the typical judicial reference to extrinsic aids is due, it would seem, to the incomplete presentation of relevant materials by counsel who would gain by their introduction." Tellingly, Jones analogized the briefing of legislative history for statutory interpretation to the briefing of legislative facts
in constitutional litigation (which were often drawn from legislative sources).
Some legislative facts
we all need to remember are that with the last election, quite a few older legislators, known to be friends of nursing, left Nashville.
Recognizing this distinction between adjudicative and legislative facts
helps identify those cases in which existing practices undermine, rather than promote, adversarial justice.
When a court or an agency develops law or policy, it is acting legislatively; the courts have created the common law through judicial legislation, and the facts which inform the tribunal's legislative judgment are called legislative facts
Our courts have historically considered the writings and studies of social science experts on legislative facts
, with or without introduction into the record below, and with or without consideration by the trial court.