Factfinding - Law Dictionary Search Results
Home Dictionary Name: factfindingfactfinding
factfinding : the act or process of determining the facts and often the issues involved in a case, situation, or relationship ;specif : a method of labor dispute resolution in which an impartial factfinder holds hearings and from the evidence gathered makes determinations as to the facts and issues of the dispute and sometimes makes recommendations for resolution NOTE: At the trial level, factfinding is done by the jury, or by the judge in a non-jury trial. At agency proceedings, factfinding is done by an officer or by a commission, council, or other body. ...
factfinder
factfinder : one that tries to determine the facts of a case, situation, or relationship: as a : an impartial examiner designated by a government agency to appraise the facts underlying a particular matter (as a labor dispute) b : trier of fact ...
finding
finding : a determination resulting from judicial or administrative examination or inquiry (as at trial) esp. into matters of fact as embodied in the verdict of a jury or decision of a court, referee, or administrative body or officer ;also, usu pl : a written statement of such determinations see also factfinding compare decision, holding, opinion, ruling finding of fact : a determination made by the trier of fact as to a factual issue based on the evidence presented in a case NOTE: Conclusions of law are based on findings of fact. finding of law : a court's determination of the law as applied to a case : conclusion of law gen·er·al finding : a finding that the facts in general support a judgment in favor of one of the parties spe·cial finding : a finding setting out the ultimate facts upon which the court's judgment is based ...
rule of reason
rule of reason :a standard used in restraint of trade actions that requires the plaintiff to show and the factfinder to find that under all the circumstances the practice in question unreasonably restricts competition in the relevant market compare per se rule NOTE: The rule of reason does not apply to per se violations of the Sherman Antitrust Act. ...
testimony
testimony pl: -nies [Latin testimonium, from testis witness] : evidence furnished by a witness under oath or affirmation and either orally or in an affidavit or deposition former testimony : testimony that a witness gives at a different proceeding (as another hearing or a deposition) NOTE: Under Federal Rule of Evidence 804, former testimony is admissible as an exception to the hearsay rule when the declarant is unavailable and if a predecessor in interest in a civil proceeding or the party against whom the testimony is offered had an opportunity and similar motive to develop the testimony. negative testimony : testimony concerning what did not happen ;esp : testimony concerning what one did not perceive [negative testimony that the witness did not hear a train whistle] NOTE: Negative testimony is sometimes accorded the same weight as positive testimony when the witness was in a position to perceive something and was eagerly attentive. opinion testimony : testimony relaying o...
trier of fact
trier of fact :the judge in a bench trial or jury in a jury trial that carries the responsibility of determining the issues of fact in a case called also factfinder finder of fact trier ...
witness
witness [Old English witnes knowledge, testimony, witness, from wit mind, sense, knowledge] 1 a : attestation of a fact or event [in whereof the parties have executed this release] b : evidence (as of the authenticity of a conveyance by deed) furnished by signature, oath, or seal 2 : one who gives evidence regarding matters of fact under inquiry ;specif : one who testifies or is legally qualified to testify in a case or to give evidence before a judicial tribunal or similar inquiry [a before a congressional committee] [no person…shall be compelled in any criminal case to be a against himself "U.S. Constitution amend. V"] compare affiant, deponent adverse witness : a witness who is called by or associated with an opposing party or who by statement, conduct, or other evidence (as of relationship) shows bias against or is injurious to the case of the party by whom the witness is called [sought to have his witness declared an adverse witness subject to impeachment] called als...
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