Akademik

fact n [Latin factum deed, real happening, something done, from neuter of factus, past participle of facere to do, make]

1: something that has actual existence: a matter of objective reality

2: any of the circumstances of a case that exist or are alleged to exist in reality: a thing whose actual occurrence or existence is to be determined by the evidence presented at trial see also finding of fact at finding, judicial notice; question of fact at question, trier of fact compare law, opinion

adjudicative fact: a fact particularly related to the parties to an esp. administrative proceeding compare legislative fact in this entry

collateral fact: a fact that has no direct relation to or immediate bearing on the case or matter in question compare material fact in this entry

constitutional fact: a fact that relates to the determination of a constitutional issue (as violation of a constitutional right)

— used esp. of administrative findings of fact

evidentiary fact: a fact that is part of the situation from which a case arises and that is established by testimony or other evidence – called also mediate fact, predicate fact; compare ultimate fact in this entry

legislative fact: a fact of general social, economic, or scientific relevance that does not change from case to case compare adjudicative fact in this entry

material fact: a fact that affects decision making: as

a: a fact upon which the outcome of all or part of a lawsuit depends

b: a fact that would influence a reasonable person under the circumstances in making an investment decision (as in purchasing a security or voting for a corporate officer or action)

mediate fact: evidentiary fact in this entry

predicate fact: evidentiary fact in this entry

ul·ti·mate fact /'əl-ti-mət-/: a conclusion of law or esp. mixed fact and law that is necessary to the determination of issues in a case and that is established by evidentiary facts compare evidentiary fact in this entry

in fact: as a factual matter: established by fact rather than as a matter of law