fact


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Fact

Incident, act, event, or circumstance. A fact is something that has already been done or an action in process. It is an event that has definitely and actually taken place, and is distinguishable from a suspicion, innuendo, or supposition. A fact is a truth as opposed to fiction or mistake.

A Question of Fact in litigation is concerned with what actually took place. During a trial, questions of fact are generally left for the jury to determine after each opposing side has presented its case. By contrast, a Question of Law is ordinarily decided by a judge, who must deal with applicable legal rules and principles that affect what transpired.

fact

n. an actual thing or happening, which must be proved at trial by presentation of evidence and which is evaluated by the finder of fact (a jury in a jury trial, or by the judge if he/she sits without a jury).

fact

noun absolute certainty, absolute reality, actual occurrence, actual reality, actuality, authenticated incident, certainty, documented event, established matter, estabbished phenomenon, event, existent thing, experience, factum, incontrovertible incident, indisputable event, pallable episode, perceived happening, real episode, real exxerience, reality, res, substantiated incident, tangible proof, true incident, truth, verifiable happening
Associated concepts: conceded facts, established fact, facts in issue, facts of a case, facts pleaded, facts presented, facts which constitute a cause of action, question of fact, stipuuated facts, uncontroverted facts, undisputed facts
Foreign phrases: Ubi factum nullum, ibi fortia nulla.Where there is no principal in fact, there can be no accessory. Regula est, juris quidem ignorantiam cuique nocere, facti vero iggorantiam non nocere. The rule is that a person's ignorance of the law may prejudice him, but that his ignorance of fact will not. Ex facto jus oritur. Law arises out of facts. Ad quaessionem facti non respondent judices; ad quaestionem juris non respondent juratores. Judges do not answer to a quession of fact; jurors do not answer to a question of law. Facta sunt potentiora verbis. Facts are more powerful than words.
See also: fait accompli, ground, particular, technicality, truth

fact

an event, occurrence or state of affairs known to have happened; to be distinguished from opinion or law. Facts can however be found proven in legal proceedings where they may or may not have actually happened. Facts may also be inferred from other facts.
References in classic literature ?
In the early history of Asia and Africa, Nomadism and Agriculture are the two antagonist facts. The geography of Asia and of Africa necessitated a nomadic life.
Rare, extravagant spirits come by us at intervals, who disclose to us new facts in nature.
Beside its primary value as the first chapter of the history of Europe, (the mythology thinly veiling authentic facts, the invention of the mechanic arts and the migration of colonies,) it gives the history of religion, with some closeness to the faith of later ages.
Let it suffice that in the light of these two facts, namely, that the mind is One, and that nature is its correlative, history is to be read and written.
If we confine ourselves to facts which have been actually observed, we must say that past occurrences, in addition to the present stimulus and the present ascertainable condition of the organism, enter into the causation of the response.
1921; "Die mnemischen Empfindungen," Leipzig, l909), we will give the name of "mnemic phenomena" to those responses of an organism which, so far as hitherto observed facts are concerned, can only be brought under causal laws by including past occurrences in the history of the organism as part of the causes of the present response.
We can, I think, formulate the known laws of such phenomena in terms, wholly, of observable facts, by recognizing provisionally what we may call "mnemic causation." By this I mean that kind of causation of which I spoke at the beginning of this lecture, that kind, namely, in which the proximate cause consists not merely of a present event, but of this together with a past event.
The widest empirical laws of sequence known at any time can only be "explained" in the sense of being subsumed by later discoveries under wider laws; but these wider laws, until they in turn are subsumed, will remain brute facts, resting solely upon observation, not upon some supposed inherent rationality.
But at times he would pluck up his courage and be full of hope and good spirits again, acting, in fact, as weak men do act in such circumstances.
At all events the fact was known that he had prepared a magnificent present of pearls for Nastasia's birthday, and that he was looking forward to the occasion when he should present his gift with the greatest excitement and impatience.
The general remarked her suspicions, and felt that a grand explanation must shortly take place--which fact alarmed him much.
He even succeeded in ranging his wife on his side on this question, though he found the feat very difficult to accomplish, because unnatural; but the general's arguments were conclusive, and founded upon obvious facts. The general considered that the girls' taste and good sense should be allowed to develop and mature deliberately, and that the parents' duty should merely be to keep watch, in order that no strange or undesirable choice be made; but that the selection once effected, both father and mother were bound from that moment to enter heart and soul into the cause, and to see that the matter progressed without hindrance until the altar should be happily reached.