The regulation of judicial notice
of facts by the present rule extends
only to adjudicative facts.
- RULE 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS
- RULE 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS.pdf
- “Stated in other terms, the adjudicative facts are those to which the law is applied in the
process of adjudication. They are the facts that normally go to the jury in a jury case. They
relate to the parties, their activities, their properties, their businesses.” 2 Administrative
Law Treatise 353.
What, then, are “adjudicative” facts?
Adjudicative facts are
simply the facts of
the particular case.
- The usual method of establishing adjudicative facts is through the introduction of
evidence, ordinarily consisting of the testimony of witnesses. If particular facts are outside
of reasonable controversy, this process is dispensed with as unnecessary. A high degree
of indisputability is the essential prerequisite.
- “When a court or an agency finds facts concerning the immediate parties—who did what,
where, when, how, and with what motive or intent—the court or agency is performing an
adjudicative function, and the facts are conveniently called adjudicative facts. * * *
- FACT FINDING
- "Judge" must make
FINDINGS OF FACT
CONCLUSIONS OF LAW.
- Legislative facts, on the other hand, are those which have relevance to
legal reasoning and the lawmaking process, whether in the formulation of a legal principle
or ruling by a judge or court or in the enactment of a legislative body.
Material facts are the facts that have
a direct effect on the decision or that
refer to the legal relationships between
- A material fact is a fact that would be to a reasonable person germane to the
decision to be made as distinguished from an insignificant, trivial or unimportant
detail. In other words, it is a fact which expression (concealment) would reasonably
result in a different decision. Falsification of a material fact in such a manner that,
had the insurance company known the truth, it would not have insured the risk.
Misrepresentation of a material fact gives an insurance company grounds to rescind
a contract. If material facts about the investment property lying in a floodplain
had been communicated to the buyer, he would not have bought.
- If a person would have done something regardless of other
circumstances, or if a train of action, habit, or usual practice
would have occurred regardless of other circumstances, then
those other circumstances are not material. But if the person
only acted because those circumstances existed, or the usual
way of doing things occurred because the circumstances
required them to be such, then the circumstances can be seen
as material facts for the case.
For example: Say that a person used email to send a contract
to someone. Specific terms of the contract are in dispute, not its
time of arrival or its method of delivery. As such, the method of
sending the contract is not a material fact. However, if the
plaintiff were complaining that the contract did not arrive in time,
or in a readable format, then the method of delivery may well
suddenly be material to the case.
- Explanatory Facts: Clarify relevant facts
- Legally Unimportant Facts: No true role
- A historical fact is a thing done, an action performed, or an event or occurrence.
Some historical facts may be proved by direct evidence. Others, such as notice,
intent, or other states of mind, are proved by inference from evidence of other
facts. The resolution of disputes over historical facts or the inferences to be
drawn from them is a jury function. A dispute over historical facts or inferences,
if genuine and material within the meaning of Rule 56, precludes summary
- When the application of a rule of law depends on the resolution of
disputed historical facts, however, it becomes a mixed question of
law and fact. Plaintiff's standing to sue, for example, may turn on
activities of the plaintiff that are in dispute.52 Whether the statute
of limitations has run may depend on a dispute over when plaintiff
received notice.53 Such disputed facts normally preclude summary
Mixed questions of law and fact arise in a variety of other forms.
Normally, the legal questions presented are resolved by the court
and the fact issues by the jury.55 Contract disputes, though frequently
questions of law, may present mixed questions;56 when the court
determines that a document is ambiguous, for example, the jury
resolves evidentiary disputes such as what the parties intended.
Constitutional issues, though generally questions of law, may be
mixed questions when they turn on factual determinations.57
FACTS AT ISSUE
- Needed to establish something.
direct evidence is that which directly establishes any fact in issue,
for example, a witness giving testimony that they owned the car
- The fact that it is formally admitted then seeks to be an issue.
In civil cases the fact may be admitted in a number of ways,
for example, an express admission, by giving notice in writing
in a statement of ace, by failing to deal with the fact in a defence
or in response to a request to give additional information.
In criminal cases, any admission may be made in court, or
outside of court, in which case it must be made in writing
- Legal issues are questions presented to the court for resolution
In present cases, issues are found in the pleadings
- Causes of action
- Affirmative defenses
- In reporting cases, issues are often found following the judicial history of the case
A properly written issue contains:
- The legal question
- Pertinent facts related to the legal question
- Seek to create a prima facie case with a properly written issue or issues
- effect credibility, for example, does the witness have a reputation for lying or bad eyesight.
- have to be proved as a condition to admissibility,
for example evidence that the accused my have
suffered oppression whilst in custody making
his confession in danger of being unsafe.
summary adjudication of issues n.
a court order ruling that certain factual issues are already determined prior to trial.
This summary adjudication is based upon a motion by one of the parties contending
that these issues are settled and need not be tried. The motion is supported by
declarations under oath, excerpts from depositions which are under oath, admissions
of fact by the opposing party, and other discovery, as well as a legal argument
(points and authorities). The other party may respond by counter-declarations and
legal arguments attempting to show that these issues were "triable issues of fact."
- A genuine issue of material fact is a legal term often used
as the basis for a motion for summary judgment. A summary
judgment is proper if there is no genuine issue of material
fact and the movant is entitled to a judgment as a matter of
law. Such a motion will be granted if the party making the
motion proves there is no genuine issue of material fact to
be decided. When the moving party makes a prima facie
showing that no genuine issue of material fact exists, the
burden shifts to the nonmoving party to rebut the showing
by presenting substantial evidence creating a genuine issue
of material fact.
A factual issue is ‘genuine’ if it is not capable of being
conclusively foreclosed by reference to undisputed facts.
Although there may be genuine disputes over certain facts,
a fact is ‘material’ when its existence facilitates the resolution
of an issue in the case. Material facts tend to prove or
disprove a disputed fact that is relevant to the outcome in
- Ultimate facts present a different kind of "factual" inquiry, one involving
a process that "implies the application of standards of law."58 Like some
historical facts, ultimate facts are derived by reasoning or inference from
evidence, but, like issues of law, they incorporate legal principles or
policies that give them independent legal significance. They often
involve the characterization of historical facts, and their resolution is
- Ultimate facts occupy a broad segment of the spectrum between fact and law.
Where on that spectrum a particular ultimate fact belongs depends on whether
it is predominantly factual or legal. For example, whether a defendant used due
care in the operation of a vehicles9 or was driving in the course of employment60
or whether that person's acts were the proximate cause of plaintiff's injuries61 are
all questions of ultimate fact that are predominantly factual rather than legal and
therefore clearly for the jury. Similarly, whether a person had reasonable cause,62
acted within a reasonable time,63 or can be charged with notice64 are
predominantly factual (though outcomedeterminative) questions. The resolution
of such questions turns on an assessment of human behavior and expectations
within the common experience of jurors. Concerning issues of this sort, traditionally
resolved by juries, the Supreme Court said in 1873: "It is assumed that twelve men
know more of the common affairs of life than does one man, that they can draw
wiser and safer conclusions from admitted facts thus occurring than can a single
- OPERATIVE FACT
in wex definitions
A fact that is directly relevant to deciding some question of law. When a legal question is
governed by fact-driven rules, operative facts may be thought of as variables that are
plugged in to those rules so that the right answer can be obtained.
Now WRAP your MIND around THAT...
by Lisa Stinocher O'Hanlon
using XMind Software
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