Conclusion of Law

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Conclusion of Law

The rule by which the rights of parties in a lawsuit are determined by a judge's application of relevant statutes or legal principles to the facts of the case that have been found to be true by the jury. The final judgment or decree rendered by a court based upon the verdict reached by the jury. Legal principles that provide the basis for the decision rendered by a judge in a case tried without a jury or with an Advisory Jury after certain facts have been established.

Under rules of federal Civil Procedure, conclusions of law made in such cases must be stated separately from the findings of fact.

conclusion of law

n. a judge's final decision on a question of law which has been raised in a trial or a court hearing, particularly those issues which are vital to reaching a judgment. These may be presented orally by the judge in open court, but are often contained in a written judgment in support of his/her judgment such as an award of damages or denial of a petition. In most cases either party is entitled to written conclusions of law if requested. (See: judgment)

References in periodicals archive ?

(32) The ALJ ultimately issued a recommended order containing a conclusion of law that the grading sheets from the appellant's failed examination were hearsay that would not support a finding of fact as to what happened during the examination.

(39) Implicit in that proposal is the proposition that the agency faces irreparable harm because it cannot use its final order to reject a conclusion of law outside its substantive jurisdiction.

Petitions for review: getting the final word on nonfinal agency action

Similarly, when an agency voluntarily dismissed the action prior to the final hearing, it has been found that 1) the ALJ retained jurisdiction to enter an award of fees under this subsection where there was a then-pending motion for fees; 2) a full evidentiary hearing is not a prerequisite for an award of fees; and 3) the agency was unable to correct the ALJ's erroneous conclusion of law because it lacked "substantial jurisdiction" over the issue of entitlement to fees.

Fee awards in administrative proceedings

In addition to interpretations of relevant authorities, a conclusion of law may also set forth an administrative law judge's ultimate determination on whether a respondent committed the violations at issue in an administrative complaint.

Practice tips for private attorneys new to administrative law

[section] 456.073(5) ("The determination of whether or not a licensee has violated the laws and rules regulating the profession, including a determination of the reasonable standard of care is a conclusion of law to be determined by the board, or department when there is no board, and is not a finding of fact to be determined by the administrative law judge.").

Standards of review under the Florida Administrative Procedure Act

In Barfield, the court held that the agency did not have the authority to review a conclusion of law in which an administrative law judge (ALJ) labeled tendered evidence as hearsay.

In Deep Lagoon, the court held that the Department of Environmental Protection did not have the authority to review a conclusion of law in a recommended order which related to the application of collateral estoppel, stating:

Agency substantive jurisdiction: the more things change ..

A finding of fact may not be rejected based upon rejection of a conclusion of law. Id.

The agency must state its reasons with particularity, and must find that its substituted conclusion of law is at least as reasonable as the conclusion which is rejected.

The Florida Division of Administrative Hearings

Hopefully, the Court of Appeals will carefully analyze New Hampshire law to determine whether its attributes warrant the same conclusion of law which the U.S.

Does a spousal elective share carry out DNI?

Additionally, agencies are precluded from rejecting or modifying findings of fact based upon the rejection or modification of conclusions of law.(10) Simply, because an agency has the authority to reject or modify a conclusion of law in a recommended order does not empower it to reject or modify a finding of fact related to that conclusion of law, unless the agency adheres to the explicit standard for rejecting or modifying findings of fact.

APA: adjudicatory proceedings and pending proceedings

It should contribute to ensuring the conclusion of laws and decrees on the functioning of professional health insurance schemes and the medical assistance regime for economically-vulnerable groups, and the introduction of management structures for the system through a national health insurance agency and several specific funds and regimes.Finally, Euro 7 million will be directed towards a social housing programme and the replacement of shanty-towns in the context of a special national programme on combating insalubrious housing.