Define: Finding Of Fact

A finding of fact is a determination made by a judge or jury in a legal case regarding the truth or existence of certain facts. It is based on the evidence presented during the trial or hearing.

A finding of fact deals with the determination of what actually happened in a case, while a finding of law involves the interpretation and application of legal principles to those facts.

In a jury trial, the jury is responsible for making findings of fact. In a bench trial, where there is no jury, the judge is responsible for making these determinations.

When making a finding of fact, the judge or jury considers the credibility of witnesses, the weight of the evidence presented, and any relevant legal standards or rules.

Generally, findings of fact made by a jury are given deference by appellate courts and are difficult to overturn. However, findings of fact made by a judge in a bench trial may be subject to review on appeal if they are found to be clearly erroneous.

If there is a dispute over a finding of fact, the party who disagrees with the finding may file a motion for a new trial or appeal the decision to a higher court.

Once a finding of fact has been made, it can be difficult to change or modify. However, if new evidence is discovered or if it can be shown that the original finding was based on a mistake or error, it may be possible to seek a modification.

Findings of fact are crucial in determining the outcome of a case. They serve as the basis for applying the relevant laws and determining the rights and liabilities of the parties involved.

Findings of fact are generally considered final unless they are successfully appealed or modified. They are binding on the parties involved in the case.

During trial, parties may challenge the admissibility or relevance of evidence presented to influence the findings of fact. However, once the findings are made, they are typically not subject to challenge within the same trial.