Fact
Encyclopedia
A fact is something that has really occurred or is actually the case. The usual test for a statement of fact is verifiability, that is whether it can be shown to correspond to experience
. Standard reference works are often used to check facts. Scientific
facts are verified by repeatable experiment
s.
Fact is sometimes used synonymously with truth, as distinct from opinions, falsehoods, or matters of taste. This use is found in such phrases as, It is a fact that the cup is red or Matter of fact, and "... not history, nor fact, but imagination."
Fact also indicates a matter under discussion deemed to be true or correct, such as to emphasize a point or prove a disputed issue; (e.g., "... the fact of the matter is ...").
Alternatively, fact may also indicate an allegation or stipulation of something that may or may not be a "true fact", (e.g., "the author's facts are not trustworthy"). This alternate usage, although contested by some, has a long history in standard English.
Fact may also indicate findings derived through a process of evaluation, including review of testimony, direct observation, or otherwise; as distinguishable from matters of inference or speculation. This use is reflected in the terms "fact-find" and "fact-finder" (e.g., "set up a fact-finding commission").
Facts may be checked by reason, experiment, personal experience, or may be argued
from authority
. Roger Bacon
wrote "If in other sciences we should arrive at certainty without doubt and truth without error, it behooves us to place the foundations of knowledge in mathematics."
, the concept fact is considered in epistemology and ontology
. Questions of objectivity
and truth
are closely associated with questions of fact. A "fact" can be defined as something which is the case, that is, a state of affairs.
Facts may be understood as that which makes a true sentence true. Facts may also be understood as those things to which a true sentence refers. The statement "Jupiter is the largest planet in the solar system" is about the fact Jupiter is the largest planet in the solar system.
Misunderstanding of the difference between fact and theory sometimes leads to fallacy in rhetoric, in which one person will say his or her claim is factual whereas the opponent's claim is just theory. Such statements indicate confusion as to the meanings of both words, suggesting the speaker believes that fact means "truth," and theory means "speculation."
hold that what makes a sentence true is that it corresponds to a fact.
This theory presupposes the existence of an objective
world.
The Slingshot argument
claims to show that all true statements stand for the same thing - the truth value true. If this argument holds, and facts are taken to be what true statements stand for, then we reach the counter-intuitive conclusion that there is only one fact - "the truth".
composed of a complex of objects
and properties
or relations. For example, the fact described by the true statement "Paris
is the capital city
of France
" implies that there is such a place as Paris, there is such a place as France, there are such things as capital cities, as well as that France has a government, that the government of France has the power to define its capital city, and that the French government has chosen Paris to be the capital, that there is such a thing as a "place" or a "government", etc.. The verifiable accuracy of all of these assertions, if facts themselves, may coincide to create the fact that Paris is the capital of France.
Difficulties arise, however, in attempting to identify the constituent parts of negative
, modal
, disjunctive, or moral
facts.
since David Hume have debated whether values are objective
, and thus factual. In A Treatise of Human Nature
Hume pointed out there is no obvious way for a series of statements about what ought to be the case to be derived from a series of statements of what is the case. Those who insist there is a logical gulf between facts and values
, such that it is fallacious to attempt to derive values from facts, include G. E. Moore, who called attempting to do so the Naturalistic fallacy
.
what might have occurred, but did not. A counterfactual conditional
or subjunctive
conditional is a conditional (or "if-then") statement
indicating what would be the case if events had been other than they actually are. For example, "If Alexander had lived, his empire would have been greater than Rome". This is to be contrasted with an indicative conditional
, which indicates what is (in fact) the case if its antecedent is (in fact) true — for example, "if you drink this, it will make you well".
Such sentences are important to Modal logic
, especially since the development of Possible world
semantics.
concept of fact is central to fundamental questions regarding the nature, methods, scope and validity of scientific reasoning
.
In the most basic sense, a scientific fact is an objective
and verifiable observation
, in contrast with a hypothesis
or theory
, which is intended to explain or interpret facts. (For an example, see Evolution as theory and fact
.)
Various scholars have offered significant refinements to this basic formulation, some of which are detailed below. Also, rigorous scientific use of the term "fact" is careful to distinguish: 1) states of affairs in the external world; from 2) assertions of fact that may be considered relevant in scientific analysis. The term is used in both senses in the philosophy of science.
Consistent with the theory of confirmation holism
, some scholars assert "fact" to be necessarily "theory-laden" to some degree. Thomas Kuhn
and others pointed out that knowing what facts to measure, and how to measure them, requires the use of some other theory (e.g., age of fossils is based on radiocarbon dating
which is justified by reasoning that radioactive decay follows a Poisson process
rather than a Bernoulli process
). Similarly, Percy Williams Bridgman
is credited with the methodological position known as operationalism
, which asserts that all observations are not only influenced, but necessarily defined by the means and assumptions used to measure them.
In addition to these considerations, there are the social and institutional measures, such as peer review
and accreditation
, that are intended to promote factual accuracy (among other interests) in scientific study.
states, "History is written by the winners". This phrase suggests but does not examine the use of facts in the writing of history.
E. H. Carr in his 1961 volume, What is History?, argues that the inherent biases from the gathering of facts makes the objective
truth of any historical perspective
idealistic and impossible. Facts are, "like fish in the Ocean," of which we may only happen to catch a few, only an indication of what is below the surface. Even a dragnet cannot tell us for certain what it would be like to live below the Ocean's surface. Even if we do not discard any facts (or fish) presented, we will always miss the majority; the site of our fishing, the methods undertaken, the weather and even luck play a vital role in what we will catch. Additionally, the composition of history is inevitably made up by the compilation of many different bias of fact finding - all compounded over time. He concludes that for a historian to attempt a more objective method, one must accept that history can only aspire to a conversation of the present with the past - and that one's methods of fact gathering should be openly examined. As with science, historical truth and facts will therefore change over time and reflect only the present consensus (if that).
jurisdictions, the general concept and analysis of fact reflects fundamental principles of Jurisprudence
, and is supported by several well-established standards. Matters of fact have various formal definitions under common law jurisdictions.
These include:
to a civil suit generally must clearly state all relevant allegations of fact upon which a claim is based. The requisite level of precision and particularity of these allegations varies depending on the rules of civil procedure
as well as the jurisdiction. Parties who face uncertainties regarding the facts and circumstances attendant to their side in a dispute may sometimes invoke alternative pleading
. In this situation, a party may plead separate sets of facts that (when considered together) may be contradictory or mutually exclusive. This (seemingly) logically-inconsistent presentation of facts may be necessary as a safeguard against contingencies (such as res judicata
) that would otherwise preclude presenting a claim or defense that depends on a particular interpretation of the underlying facts.
Experience
Experience as a general concept comprises knowledge of or skill in or observation of some thing or some event gained through involvement in or exposure to that thing or event....
. Standard reference works are often used to check facts. Scientific
Science
Science is a systematic enterprise that builds and organizes knowledge in the form of testable explanations and predictions about the universe...
facts are verified by repeatable experiment
Experiment
An experiment is a methodical procedure carried out with the goal of verifying, falsifying, or establishing the validity of a hypothesis. Experiments vary greatly in their goal and scale, but always rely on repeatable procedure and logical analysis of the results...
s.
Etymology and usage
The word fact derives from the Latin Factum, and was first used in English with the same meaning: "a thing done or performed", a use that is now obsolete. The common usage of "something that has really occurred or is the case" dates from the middle of the sixteenth century.Fact is sometimes used synonymously with truth, as distinct from opinions, falsehoods, or matters of taste. This use is found in such phrases as, It is a fact that the cup is red or Matter of fact, and "... not history, nor fact, but imagination."
Fact also indicates a matter under discussion deemed to be true or correct, such as to emphasize a point or prove a disputed issue; (e.g., "... the fact of the matter is ...").
Alternatively, fact may also indicate an allegation or stipulation of something that may or may not be a "true fact", (e.g., "the author's facts are not trustworthy"). This alternate usage, although contested by some, has a long history in standard English.
Fact may also indicate findings derived through a process of evaluation, including review of testimony, direct observation, or otherwise; as distinguishable from matters of inference or speculation. This use is reflected in the terms "fact-find" and "fact-finder" (e.g., "set up a fact-finding commission").
Facts may be checked by reason, experiment, personal experience, or may be argued
Argument
In philosophy and logic, an argument is an attempt to persuade someone of something, or give evidence or reasons for accepting a particular conclusion.Argument may also refer to:-Mathematics and computer science:...
from authority
Authority
The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...
. Roger Bacon
Roger Bacon
Roger Bacon, O.F.M. , also known as Doctor Mirabilis , was an English philosopher and Franciscan friar who placed considerable emphasis on the study of nature through empirical methods...
wrote "If in other sciences we should arrive at certainty without doubt and truth without error, it behooves us to place the foundations of knowledge in mathematics."
Fact in philosophy
In philosophyPhilosophy
Philosophy is the study of general and fundamental problems, such as those connected with existence, knowledge, values, reason, mind, and language. Philosophy is distinguished from other ways of addressing such problems by its critical, generally systematic approach and its reliance on rational...
, the concept fact is considered in epistemology and ontology
Ontology
Ontology is the philosophical study of the nature of being, existence or reality as such, as well as the basic categories of being and their relations...
. Questions of objectivity
Objectivity (philosophy)
Objectivity is a central philosophical concept which has been variously defined by sources. A proposition is generally considered to be objectively true when its truth conditions are met and are "mind-independent"—that is, not met by the judgment of a conscious entity or subject.- Objectivism...
and truth
Truth
Truth has a variety of meanings, such as the state of being in accord with fact or reality. It can also mean having fidelity to an original or to a standard or ideal. In a common usage, it also means constancy or sincerity in action or character...
are closely associated with questions of fact. A "fact" can be defined as something which is the case, that is, a state of affairs.
Facts may be understood as that which makes a true sentence true. Facts may also be understood as those things to which a true sentence refers. The statement "Jupiter is the largest planet in the solar system" is about the fact Jupiter is the largest planet in the solar system.
Misunderstanding of the difference between fact and theory sometimes leads to fallacy in rhetoric, in which one person will say his or her claim is factual whereas the opponent's claim is just theory. Such statements indicate confusion as to the meanings of both words, suggesting the speaker believes that fact means "truth," and theory means "speculation."
Correspondence and the slingshot argument
Some versions of the correspondence theory of truthCorrespondence theory of truth
The correspondence theory of truth states that the truth or falsity of a statement is determined only by how it relates to the world, and whether it accurately describes that world...
hold that what makes a sentence true is that it corresponds to a fact.
This theory presupposes the existence of an objective
Objectivity (philosophy)
Objectivity is a central philosophical concept which has been variously defined by sources. A proposition is generally considered to be objectively true when its truth conditions are met and are "mind-independent"—that is, not met by the judgment of a conscious entity or subject.- Objectivism...
world.
The Slingshot argument
Slingshot argument
In logic, a slingshot argument is one of a group of arguments claiming to show that all true sentences stand for the same thing.This type of argument was dubbed the "slingshot" by philosophers Jon Barwise and John Perry due to its disarming simplicity. Versions of the slingshot argument have been...
claims to show that all true statements stand for the same thing - the truth value true. If this argument holds, and facts are taken to be what true statements stand for, then we reach the counter-intuitive conclusion that there is only one fact - "the truth".
Compound facts
Any non-trivial true statement about reality is necessarily an abstractionAbstraction
Abstraction is a process by which higher concepts are derived from the usage and classification of literal concepts, first principles, or other methods....
composed of a complex of objects
Object (philosophy)
An object in philosophy is a technical term often used in contrast to the term subject. Consciousness is a state of cognition that includes the subject, which can never be doubted as only it can be the one who doubts, and some object or objects that may or may not have real existence without...
and properties
Property (philosophy)
In modern philosophy, logic, and mathematics a property is an attribute of an object; a red object is said to have the property of redness. The property may be considered a form of object in its own right, able to possess other properties. A property however differs from individual objects in that...
or relations. For example, the fact described by the true statement "Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
is the capital city
Capital City
Capital City was a television show produced by Euston Films which focused on the lives of investment bankers in London living and working on the corporate trading floor for the fictional international bank Shane-Longman....
of France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
" implies that there is such a place as Paris, there is such a place as France, there are such things as capital cities, as well as that France has a government, that the government of France has the power to define its capital city, and that the French government has chosen Paris to be the capital, that there is such a thing as a "place" or a "government", etc.. The verifiable accuracy of all of these assertions, if facts themselves, may coincide to create the fact that Paris is the capital of France.
Difficulties arise, however, in attempting to identify the constituent parts of negative
Negation
In logic and mathematics, negation, also called logical complement, is an operation on propositions, truth values, or semantic values more generally. Intuitively, the negation of a proposition is true when that proposition is false, and vice versa. In classical logic negation is normally identified...
, modal
Modal logic
Modal logic is a type of formal logic that extends classical propositional and predicate logic to include operators expressing modality. Modals — words that express modalities — qualify a statement. For example, the statement "John is happy" might be qualified by saying that John is...
, disjunctive, or moral
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
facts.
The fact-value distinction
Moral philosophersEthics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
since David Hume have debated whether values are objective
Moral realism
Moral realism is the meta-ethical view which claims that:# Ethical sentences express propositions.# Some such propositions are true.# Those propositions are made true by objective features of the world, independent of subjective opinion....
, and thus factual. In A Treatise of Human Nature
A Treatise of Human Nature
A Treatise of Human Nature is a book by Scottish philosopher David Hume, first published in 1739–1740.The full title of the Treatise is 'A Treatise of Human Nature: Being an Attempt to introduce the experimental Method of Reasoning into Moral Subjects'. It contains the following sections:* Book 1:...
Hume pointed out there is no obvious way for a series of statements about what ought to be the case to be derived from a series of statements of what is the case. Those who insist there is a logical gulf between facts and values
Fact-value distinction
The fact-value distinction is a concept used to distinguish between arguments which can be claimed through reason alone, and those where rationality is limited to describing a collective opinion. In another formulation, it is the distinction between what is and what ought to be...
, such that it is fallacious to attempt to derive values from facts, include G. E. Moore, who called attempting to do so the Naturalistic fallacy
Naturalistic fallacy
The naturalistic fallacy is often claimed to be a formal fallacy. It was described and named by British philosopher G. E. Moore in his 1903 book Principia Ethica...
.
The factual-counterfactual distinction
Factuality — what has occurred — can also be contrasted with counterfactuality —what might have occurred, but did not. A counterfactual conditional
Counterfactual conditional
A counterfactual conditional, subjunctive conditional, or remote conditional, abbreviated , is a conditional statement indicating what would be the case if its antecedent were true...
or subjunctive
Subjunctive mood
In grammar, the subjunctive mood is a verb mood typically used in subordinate clauses to express various states of irreality such as wish, emotion, possibility, judgment, opinion, necessity, or action that has not yet occurred....
conditional is a conditional (or "if-then") statement
Conditional sentence
In grammar, conditional sentences are sentences discussing factual implications or hypothetical situations and their consequences. Languages use a variety of conditional constructions and verb forms to form such sentences....
indicating what would be the case if events had been other than they actually are. For example, "If Alexander had lived, his empire would have been greater than Rome". This is to be contrasted with an indicative conditional
Indicative conditional
In natural languages, an indicative conditional is the logical operation given by statements of the form "If A then B". Unlike the material conditional, an indicative conditional does not have a stipulated definition...
, which indicates what is (in fact) the case if its antecedent is (in fact) true — for example, "if you drink this, it will make you well".
Such sentences are important to Modal logic
Modal logic
Modal logic is a type of formal logic that extends classical propositional and predicate logic to include operators expressing modality. Modals — words that express modalities — qualify a statement. For example, the statement "John is happy" might be qualified by saying that John is...
, especially since the development of Possible world
Possible world
In philosophy and logic, the concept of a possible world is used to express modal claims. The concept of possible worlds is common in contemporary philosophical discourse and has also been disputed.- Possibility, necessity, and contingency :...
semantics.
Fact in science
Just as in philosophy, the scientificScience
Science is a systematic enterprise that builds and organizes knowledge in the form of testable explanations and predictions about the universe...
concept of fact is central to fundamental questions regarding the nature, methods, scope and validity of scientific reasoning
Philosophy of science
The philosophy of science is concerned with the assumptions, foundations, methods and implications of science. It is also concerned with the use and merit of science and sometimes overlaps metaphysics and epistemology by exploring whether scientific results are actually a study of truth...
.
In the most basic sense, a scientific fact is an objective
Objectivity (science)
Objectivity in science is a value that informs how science is practiced and how scientific truths are created. It is the idea that scientists, in attempting to uncover truths about the natural world, must aspire to eliminate personal biases, a priori commitments, emotional involvement, etc...
and verifiable observation
Observation
Observation is either an activity of a living being, such as a human, consisting of receiving knowledge of the outside world through the senses, or the recording of data using scientific instruments. The term may also refer to any data collected during this activity...
, in contrast with a hypothesis
Hypothesis
A hypothesis is a proposed explanation for a phenomenon. The term derives from the Greek, ὑποτιθέναι – hypotithenai meaning "to put under" or "to suppose". For a hypothesis to be put forward as a scientific hypothesis, the scientific method requires that one can test it...
or theory
Theory
The English word theory was derived from a technical term in Ancient Greek philosophy. The word theoria, , meant "a looking at, viewing, beholding", and referring to contemplation or speculation, as opposed to action...
, which is intended to explain or interpret facts. (For an example, see Evolution as theory and fact
Evolution as theory and fact
"Evolution is both fact and theory" is a statement that appears in numerous publications on biological evolution. The statement is framed to clarify misconceptions about the philosophy of evolution primarily in response to creationist statements that "evolution is only a theory"...
.)
Various scholars have offered significant refinements to this basic formulation, some of which are detailed below. Also, rigorous scientific use of the term "fact" is careful to distinguish: 1) states of affairs in the external world; from 2) assertions of fact that may be considered relevant in scientific analysis. The term is used in both senses in the philosophy of science.
Scholarly inquiry regarding scientific fact
Scholars and clinical researchers in both the social and natural sciences have forwarded numerous questions and theories in clarifying the fundamental nature of scientific fact. Some pertinent issues raised by this inquiry include:- the process by which "established fact" becomes recognized and accepted as such;
- whether and to what extent "fact" and "theoretic explanation" can be considered truly independent and separable from one another;
- to what extent are "facts" influenced by the mere act of observation; and
- to what extent are factual conclusions influenced by historyPath dependencePath dependence explains how the set of decisions one faces for any given circumstance is limited by the decisions one has made in the past, even though past circumstances may no longer be relevant....
and consensusConsensus theory of truthA consensus theory of truth is any theory of truth that refers to a concept of consensus as a part of its concept of truth.-Consensus gentium:...
, rather than a strictly systematic methodology.
Consistent with the theory of confirmation holism
Confirmation holism
Confirmation holism, also called epistemological holism is the claim that a single scientific theory cannot be tested in isolation; a test of one theory always depends on other theories and hypotheses....
, some scholars assert "fact" to be necessarily "theory-laden" to some degree. Thomas Kuhn
Thomas Kuhn
Thomas Samuel Kuhn was an American historian and philosopher of science whose controversial 1962 book The Structure of Scientific Revolutions was deeply influential in both academic and popular circles, introducing the term "paradigm shift," which has since become an English-language staple.Kuhn...
and others pointed out that knowing what facts to measure, and how to measure them, requires the use of some other theory (e.g., age of fossils is based on radiocarbon dating
Radiocarbon dating
Radiocarbon dating is a radiometric dating method that uses the naturally occurring radioisotope carbon-14 to estimate the age of carbon-bearing materials up to about 58,000 to 62,000 years. Raw, i.e. uncalibrated, radiocarbon ages are usually reported in radiocarbon years "Before Present" ,...
which is justified by reasoning that radioactive decay follows a Poisson process
Poisson process
A Poisson process, named after the French mathematician Siméon-Denis Poisson , is a stochastic process in which events occur continuously and independently of one another...
rather than a Bernoulli process
Bernoulli process
In probability and statistics, a Bernoulli process is a finite or infinite sequence of binary random variables, so it is a discrete-time stochastic process that takes only two values, canonically 0 and 1. The component Bernoulli variables Xi are identical and independent...
). Similarly, Percy Williams Bridgman
Percy Williams Bridgman
Percy Williams Bridgman was an American physicist who won the 1946 Nobel Prize in Physics for his work on the physics of high pressures. He also wrote extensively on the scientific method and on other aspects of the philosophy of science.- Biography :Bridgman entered Harvard University in 1900,...
is credited with the methodological position known as operationalism
Operationalization
In humanities, operationalization is the process of defining a fuzzy concept so as to make the concept clearly distinguishable or measurable and to understand it in terms of empirical observations...
, which asserts that all observations are not only influenced, but necessarily defined by the means and assumptions used to measure them.
Fact and the scientific method
Apart from the fundamental inquiry in to the nature of scientific fact, there remain the practical and social considerations of how fact is investigated, established, and substantiated through the proper application of the scientific method. Scientific facts are generally believed to be independent of the observer: no matter who performs a scientific experiment, all observers will agree on the outcome.In addition to these considerations, there are the social and institutional measures, such as peer review
Peer review
Peer review is a process of self-regulation by a profession or a process of evaluation involving qualified individuals within the relevant field. Peer review methods are employed to maintain standards, improve performance and provide credibility...
and accreditation
Accreditation
Accreditation is a process in which certification of competency, authority, or credibility is presented.Organizations that issue credentials or certify third parties against official standards are themselves formally accredited by accreditation bodies ; hence they are sometimes known as "accredited...
, that are intended to promote factual accuracy (among other interests) in scientific study.
Fact in history
A common rhetorical clichéCliché
A cliché or cliche is an expression, idea, or element of an artistic work which has been overused to the point of losing its original meaning or effect, especially when at some earlier time it was considered meaningful or novel. In phraseology, the term has taken on a more technical meaning,...
states, "History is written by the winners". This phrase suggests but does not examine the use of facts in the writing of history.
E. H. Carr in his 1961 volume, What is History?, argues that the inherent biases from the gathering of facts makes the objective
Objectivity (philosophy)
Objectivity is a central philosophical concept which has been variously defined by sources. A proposition is generally considered to be objectively true when its truth conditions are met and are "mind-independent"—that is, not met by the judgment of a conscious entity or subject.- Objectivism...
truth of any historical perspective
Perspective (cognitive)
Perspective in theory of cognition is the choice of a context or a reference from which to sense, categorize, measure or codify experience, cohesively forming a coherent belief, typically for comparing with another...
idealistic and impossible. Facts are, "like fish in the Ocean," of which we may only happen to catch a few, only an indication of what is below the surface. Even a dragnet cannot tell us for certain what it would be like to live below the Ocean's surface. Even if we do not discard any facts (or fish) presented, we will always miss the majority; the site of our fishing, the methods undertaken, the weather and even luck play a vital role in what we will catch. Additionally, the composition of history is inevitably made up by the compilation of many different bias of fact finding - all compounded over time. He concludes that for a historian to attempt a more objective method, one must accept that history can only aspire to a conversation of the present with the past - and that one's methods of fact gathering should be openly examined. As with science, historical truth and facts will therefore change over time and reflect only the present consensus (if that).
Fact in law
In most common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions, the general concept and analysis of fact reflects fundamental principles of Jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, and is supported by several well-established standards. Matters of fact have various formal definitions under common law jurisdictions.
These include:
- an element required in legal pleadingPleadingIn law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
s to demonstrate a cause of actionCause of actionIn the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
;
- the determinationsQuestion of factIn law, a question of fact is a question which must be answered by reference to facts and evidence, and inferences arising from those facts. Such a question is distinct from a question of law, which must be answered by applying relevant legal principles...
of the finder of fact after evaluating admissible evidence produced in a trial or hearing; - a potential ground of reversible errorReversible errorIn law, a reversible error is an error by the trier of law or the trier of fact or malfeasance by one of the trying attorneys which results in an unfair trial...
forwarded on appealAppealAn appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
in an appellate courtAppellate courtAn appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
; and - any of various matters subject to investigationCorpus delictiCorpus delicti is a term from Western jurisprudence referring to the principle that a crime must have been proven to have occurred before a person can be convicted of committing that crime. For example, a person cannot be tried for larceny unless it can be proven that property has been stolen...
by official authority to establish whether a crimeCrimeCrime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
has been perpetrated, and to establish culpability.
Legal pleadings
A partyParty (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
to a civil suit generally must clearly state all relevant allegations of fact upon which a claim is based. The requisite level of precision and particularity of these allegations varies depending on the rules of civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
as well as the jurisdiction. Parties who face uncertainties regarding the facts and circumstances attendant to their side in a dispute may sometimes invoke alternative pleading
Alternative pleading
Alternative pleading permits a party in a court action to argue multiple possibilities that may be mutually exclusive by making use of legal fiction....
. In this situation, a party may plead separate sets of facts that (when considered together) may be contradictory or mutually exclusive. This (seemingly) logically-inconsistent presentation of facts may be necessary as a safeguard against contingencies (such as res judicata
Res judicata
Res judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...
) that would otherwise preclude presenting a claim or defense that depends on a particular interpretation of the underlying facts.
See also
- Brute factBrute factBrute facts are facts which are facts in and of themselves, while institutional facts are considered conventional. Institutional facts require the support of an institution. The term was coined by G. E. M...
- Consensus realityConsensus realityConsensus reality is an approach to answering the philosophical question "What is real?" It gives a practical answer: reality is either what exists, or what we can agree seems to exist....
- Counterfactual history
- De factoDe factoDe facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
- Fact-findingFact-findingFact-finding is the job of a person or group of persons in a judicial or administrative proceeding that has or have the responsibility of determining the facts relevant to decide a controversy. The term trier of fact generally denotes the same function...
- FactoidFactoidA factoid is a questionable or spurious—unverified, incorrect, or fabricated—statement presented as a fact, but with no veracity. The word can also be used to describe a particularly insignificant or novel fact, in the absence of much relevant context...
- LieLieFor other uses, see Lie A lie is a type of deception in the form of an untruthful statement, especially with the intention to deceive others....
- RealityRealityIn philosophy, reality is the state of things as they actually exist, rather than as they may appear or might be imagined. In a wider definition, reality includes everything that is and has been, whether or not it is observable or comprehensible...
- State of affairsState of affairsThe state of affairs is that combination of circumstances applying within a society or group at a particular time. The current state of affairs may be considered acceptable by many observers, but not necessarily by all. The state of affairs may present a challenge, or be complicated, or contain a...
- TruthTruthTruth has a variety of meanings, such as the state of being in accord with fact or reality. It can also mean having fidelity to an original or to a standard or ideal. In a common usage, it also means constancy or sincerity in action or character...