fact
[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