1. The regulation of judicial notice of facts by the present rule extends only to adjudicative facts.
    2. “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.
    3. What, then, are “adjudicative” facts?
      1. Adjudicative facts are simply the facts of the particular case.
        1. 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.
        2. “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. * * *
        3. WHO
        4. WHAT
        5. WHEN
        6. HOW
        7. MOTIVE/INTENT
        8. FACT FINDING
        9. "Judge" must make FINDINGS OF FACT and CONCLUSIONS OF LAW.
    1. 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.
    1. Relevant Facts: Essential facts MATERIAL FACTS
      1. Material facts are the facts that have a direct effect on the decision or that refer to the legal relationships between the parties.
        1. 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.
        2. 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.
    2. Explanatory Facts: Clarify relevant facts
    3. Legally Unimportant Facts: No true role
    1. 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 judgment.
    2. 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 judgment.54 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
    1. Needed to establish something.
    2. direct evidence is that which directly establishes any fact in issue, for example, a witness giving testimony that they owned the car in question
      1. 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
      1. Legal issues are questions presented to the court for resolution
      2. In present cases, issues are found in the pleadings
        1. Causes of action
        2. Affirmative defenses
      3. In reporting cases, issues are often found following the judicial history of the case
      4. A properly written issue contains:
        1. The legal question
        2. Pertinent facts related to the legal question
      5. Seek to create a prima facie case with a properly written issue or issues
    1. effect credibility, for example, does the witness have a reputation for lying or bad eyesight.
      1. 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.
  7. 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."
    1. 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 a case.
    1. 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 generally outcome-determinative.
    2. 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 judge."65
    1. 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.
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