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fact

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 i...


Fact

A doing making or preparing...


Fact

Fact, question of. See QUESTIONS OF FACT.Something that actually exists; as aspect of reality, Black's Law Dictionary, 7th Edn., p 610.The word 'fact' means some concrete or material fact to which the information directly relates, Earabhadrappa alias Krishnappa v. State of Karnataka, AIR 1983 SC 446: (1983) 2 SCC 330: (1983) 2 SCR 552.Means and includes:(1) anything, state of things, or relation of things, capable of being perceived by the senses;(2) any mental condition of which any person is conscious; (Evidence Act, 1872, s. 3)A fact discovered within the meaning of s. 27 must refer to a material fact to which the information directly relates. In order to render the information admissible the fact discovered must be relevant and must have been such that it constitutes the information through which the discovery was made, H.P. Administration v. Om Prakash, AIR 1972 SC 975 (984). (Evidence Act, 1872, s. 27)Fact, should be given a broad and not a narrow or pedantic meaning. The word co...


Fact discovered

Fact discovered, The expression 'fact discovered' includes not only the physical object produced, but also the place from which it is produced and the knowledge of the accused as to this, Prabhoo v. State of Uttar Pradesh, AIR 1963 SC 1113 (1115). [Evidence Act 1872 (1 of 1872), s. 27]It is fallacious to treat the 'fact discovered' within the section as equivalent to the object produced; the fact discovered embraces the place from which the object is produced and the knowledge of the accused as to this, and the information given must relate distinctly to this fact. Information as to past user, or the past history, of the objects produced is not related to its discovery in the setting in which it is discovered. Information supplied by a person in custody that 'I will produce a knife concealed in the roof of my house' does not lead to the discovery of a knife; knives were discovered many years ago. It leads to the discovery of the fact that a knife is concealed in the house of the inform...


fact finding

designed to find information or ascertain facts as a fact finding committee...


Fact of State

Fact of State, The question whether the Dominion of India was entitled to exercise extra provincial jurisdiction over the Shillong administered areas on April 15, 1948 which was the material date. The question at issue is not purely a question of fact but a question relating to a 'fact of State', Hardeodas Jagannath v. State of Assam, AIR 1970 SC 724 (727). (Extra Provincial Jurisdiction Act, 1947, s. 6)...


fact pleading

fact pleading see pleading ...


fact witness

fact witness a person with knowledge about what happened in a particular case who testifies in the case about what happened or what the facts are. Source: Federal Judicial Center ...


family

family pl: -lies 1 : a group of individuals related by blood, marriage, or adoption 2 : a group of usually related individuals who live together under common household authority and esp. who have reciprocal duties to each other NOTE: The interpretation of the word family in a law context depends upon the area of the law concerned (as contract or zoning law), the purpose of the document (as a statute or contract) in which it is used, and the facts of the case. Often for zoning purposes, the occupants of a group home are considered a family if the organization is like that of a family or if the home is going to be a permanent rather than a transitional residence for the occupants. fa·mil·ial [fə-mil-yəl] adj ...


Family

The collective body of persons who live in one house and under one head or manager a household including parents children and servants and as the case may be lodgers or boarders...



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