Define: Special Finding

Special Finding
Special Finding
Quick Summary of Special Finding

A special finding is a conclusion reached by a judge, jury, or administrative agency after considering the evidence presented during a trial or hearing. It is a factual determination that supports a judgement in favor of one party. In military law, this finding is particularly important as it directly impacts the determination of guilt or innocence. It should not be confused with a general finding, which is a non-specific conclusion in favor of one party.

Full Definition Of Special Finding

A special finding is a conclusion reached by a judge, jury, or administrative agency after reviewing the evidence presented during a trial or hearing. It is a factual determination that strengthens a judgement in favor of one party. For instance, if a jury determines that a driver failed to stop before entering an intersection, this would be a special finding that supports a judgement against the driver. In military law, a special finding may also pertain to a determination of guilt or innocence. In summary, a special finding plays a crucial role in the legal process by establishing the facts of a case and bolstering a judgement or decision.

Special Finding FAQ'S

A special finding is a legal determination made by a court or administrative body that addresses a specific issue or fact in a case. It is often used to establish a particular fact or element that is crucial to the outcome of the case.

A general finding refers to a broad conclusion reached by a court or jury regarding the overall outcome of a case. On the other hand, a special finding focuses on a specific issue or fact within the case that requires a separate determination.

The purpose of a special finding is to provide clarity and specificity on a particular issue or fact that may have a significant impact on the outcome of the case. It helps ensure that the court’s decision is based on a thorough analysis of all relevant factors.

Yes, a special finding can be appealed, just like any other legal determination. If a party believes that the special finding was incorrect or improperly made, they can file an appeal with a higher court to seek a review and potential reversal of the finding.

A special finding is typically made by the judge or jury in a case after considering the evidence and arguments presented by the parties. It requires a separate analysis and determination specifically addressing the issue or fact in question.

Special findings are generally binding only on the specific case in which they are made. However, they may serve as persuasive authority in future cases with similar facts or issues, depending on the jurisdiction and the weight given to precedent.

Yes, a special finding can be challenged or overturned through the appellate process. If a party believes that the finding was incorrect or unsupported by the evidence, they can present their arguments to a higher court and seek a reversal of the finding.

No, special findings are not required in every legal case. They are typically used when there is a specific issue or fact that needs to be addressed separately from the general outcome of the case. In many cases, general findings are sufficient to resolve the matter.

Yes, a special finding can be used as evidence in another case, particularly if the facts or issues are similar. However, its weight and admissibility as evidence may depend on the specific rules and procedures of the jurisdiction where the subsequent case is being heard.

In certain circumstances, a special finding can be modified or amended. If new evidence or information comes to light that significantly impacts the original finding, a party may request the court to reconsider or modify the finding. However, such modifications are typically granted only in exceptional circumstances.

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Disclaimer

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: 16th April 2024.

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