A fundamental fact is a truth that exists in reality, whether it be a tangible object, an event, a relationship, or even a state of mind like an opinion. There are various types of facts, including evidentiary facts that provide evidence for other facts, and dispositive facts that can result in the loss or gain of rights. Ultimate facts are crucial to a claim or defence. Facts can be contested or uncontested, and they are utilised to assist courts and agencies in making decisions.
An elemental fact refers to a fact that truly exists and is a fundamental part of reality. It encompasses tangible objects, actual events, connections, and mental states like intentions and opinions. These facts are crucial in supporting a claim or defence. For instance, the fact that all people are mortal, the occurrence of a car accident on a specific date and time, and John’s intention to buy a house are examples that demonstrate the reality and provability of elemental facts. They are not subjective opinions or assumptions, but rather solid pieces of information that are indispensable in establishing a claim or defence.
An elemental fact refers to a basic and indisputable piece of information that is crucial in legal proceedings. It is a fact that does not require any further evidence or proof.
Elemental facts are determined based on the evidence presented in a case. They are typically agreed upon by both parties or established by the court based on the available evidence.
In general, elemental facts are not subject to challenge as they are considered to be self-evident and beyond dispute. However, if there is new evidence or a compelling reason to question an elemental fact, it may be possible to challenge it.
No, elemental facts and legal facts are not the same. Elemental facts are basic and indisputable pieces of information, while legal facts are facts that are relevant and admissible in a legal context.
Elemental facts are not typically used as evidence in court since they are considered to be self-evident. However, they may be referenced or relied upon in legal arguments or to establish a foundation for other evidence.
Ideally, elemental facts should be agreed upon by both parties to avoid unnecessary disputes. However, in some cases, parties may disagree on certain elemental facts, which may require the court to make a determination.
Elemental facts are generally considered to be constant and unchanging. However, in certain circumstances, new information or evidence may emerge that could potentially alter or challenge previously established elemental facts.
Elemental facts serve as the foundation upon which legal arguments and decisions are based. They provide a starting point for establishing the truth and determining the outcome of a case.
Yes, elemental facts can be used in various areas of law, including criminal law, civil law, and administrative law. They are fundamental to the legal process and apply across different legal domains.
While elemental facts are intended to be straightforward and clear-cut, there may be instances where their interpretation or application becomes complex. In such cases, legal professionals and the court may need to analyze the evidence and arguments to determine the elemental facts accurately.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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