Define: Operative Fact

Operative fact refers to the event or circumstance that gives rise to legal consequences or affects the rights and obligations of the parties involved in a legal matter.

While legal theory deals with the abstract principles and rules of law, operative fact focuses on the specific facts and events that have occurred and are relevant to a particular legal case.

Yes, if an operative fact arises that renders a contract void or voidable, it can be used as a basis to challenge the contract’s validity in court.

Operative fact can be used as evidence, but it must be relevant and admissible under the rules of evidence in the jurisdiction where the case is being heard.

In criminal law, operative fact refers to the specific actions or events that constitute the elements of a crime. These facts are crucial in determining guilt or innocence.

Yes, operative fact can be used to establish a defence in a civil lawsuit if it demonstrates that the defendant’s actions were justified or that the plaintiff’s claims lack merit.

No, operative fact and legal precedent are distinct concepts. Operative fact refers to the factual circumstances of a case, while legal precedent refers to previously decided cases that establish legal principles.

In administrative law, operative fact refers to the factual circumstances that led to an administrative decision or action. These facts are crucial in determining the legality and validity of the administrative action.

Operative fact alone may not be sufficient to modify or overturn a court’s decision. However, if new operative facts arise that were not considered during the original decision, they may be grounds for seeking a modification or appeal.

The relevance of operative fact depends on its connection to the legal issues at hand. It is important to consult with a legal professional who can analyze the facts and determine their significance in the context of the specific legal matter.