FACT

FACT
"Legal Lexicon":
Something that occurred or exists and is incontrovertible. There is no such thing as an untrue fact, but in the legal system the word is often used to denote conflicting allegations -- and it is up to a judge or jury to decide their truth or falsity.
An action; a thing done. It is either simple or compound. A fact is simple when it expresses a purely material act unconnected with any moral qualification; for example, to say Peter went into his house is to express a simple fact.
A compound fact contains the materiality of the act, and the qualification which that act has in its connection with morals and the law. To say then, that Peter has stolen a horse, is to express a compound fact; for the fact of stealing, expresses at the same time, the material fact of taking the horse and of taking him with the guilty intention of depriving the owner of his property and appropriating it to his own use; a violation of the law of property.
Fact is also put in opposition to law; in every case which has to be tried there are facts to be established and the law which bears on those facts.
Facts are also to be considered as material or immaterial.
Material facts are those which are essential to the right of action or defense, and therefore of the substance of the one or the other -these must always be proved;
Immaterial facts are those not essential to the cause of action -these need not be proved.
Facts are generally determined by a jury - or by the judge, sitting as the trier of fact in a bench trial - but there are many facts which, not encompassing the principal matters at issue, may be decided by the court, such as whether a subpoena has or has not been served; if a party has or has not been summoned; etc.
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English-Chinese law dictionary (法律英汉双解大词典). 2013.

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  • fact — n [Latin factum deed, real happening, something done, from neuter of factus, past participle of facere to do, make] 1: something that has actual existence: a matter of objective reality 2: any of the circumstances of a case that exist or are… …   Law dictionary

  • fact — W1S1 [fækt] n ▬▬▬▬▬▬▬ 1¦(true information)¦ 2 the fact (that) 3 in (actual) fact 4 the fact (of the matter) is 5 the fact remains 6¦(real events/not a story)¦ 7 facts and figures 8 the facts speak for themselves 9 after the fact ▬▬▬▬▬▬▬ …   Dictionary of contemporary English

  • fact — [ fækt ] noun *** 1. ) count a piece of true information: They have simply attempted to state the facts. fact about: Here children can discover basic scientific facts about the world. fact of: He wrote an article explaining the main facts of the… …   Usage of the words and phrases in modern English

  • fact — 1. The expression the fact that has long had an important function in enabling clauses to behave like nouns: • Some studies give attention to the fact that non smokers cannot avoid inhaling smoke when breathing smoky air G. Richardson, 1971 • The …   Modern English usage

  • Fact — (f[a^]kt), n. [L. factum, fr. facere to make or do. Cf. {Feat}, {Affair}, {Benefit}, {Defect}, {Fashion}, and { fy}.] 1. A doing, making, or preparing. [Obs.] [1913 Webster] A project for the fact and vending Of a new kind of fucus, paint for… …   The Collaborative International Dictionary of English

  • fact — [fakt] n. [L factum, that which is done, deed, fact, neut. pp. of facere, DO1] 1. a deed; act: now esp. in the sense of “a criminal deed” in the phrases after the fact and before the fact [an accessory after the fact] 2. a thing that has actually …   English World dictionary

  • FACT — Cette page d’homonymie répertorie les différents sujets et articles partageant un même nom …   Wikipédia en Français

  • fact — ► NOUN 1) a thing that is indisputably the case. 2) (facts) information used as evidence or as part of a report. ● before (or after) the fact Cf. ↑before the fact ● a fact of life Cf. ↑a …   English terms dictionary

  • Fact — 〈[ fæ̣kt] m. 6; umg.〉 Faktum, Tatsache ● das sind die Facts [engl.] * * * Fact [fækt ], der; s, s <meist Pl.> [engl. fact < lat. factum, ↑ 1Faktum]: Tatsache[nmaterial]. * * * FACT,   Abkürzung für Flanagan Aptitude …   Universal-Lexikon

  • FACT — may refer to:*Federation Against Copyright Theft *Federation of American Consumers and Travelers *FACT ( facilitates chromatin transcription ), a protein factor affecting eukaryotic cells *FACT centre (Foundation for Creative Arts Technology), a… …   Wikipedia

  • Fact — [fækt] der; s, s (meist Plur.) <aus gleichbed. engl. fact, dies aus lat. factum, vgl. ↑Faktum> Tatsache, Tatsachenmaterial …   Das große Fremdwörterbuch

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