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)

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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?
(256) The first ultimate fact was satisfied by specific allegations of discriminatory treatment.
Because appellant agreed to the severance, we do not need to further analyze whether the appellant's trial for possession of a firearm by a convicted felon would have required the parties to relitigate an issue of ultimate fact decided in the first trial.
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.
National Geographic Bee Ultimate Fact Book: Countries A to Z.
Also confusing is the term "ultimate fact," which is sometimes used to refer to an evaluative determination that is dispositive in the case.
There the "ultimate fact" is located, at the bottom of the "stream" (64).
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.

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