- fact
- A thing done; an action performed or an incident transpiring; an event or circumstance; an actual occurrence; an actual happening in time or space or an event mental or physical; that which has taken place. City of South Euclid v. Clapacs, 6 Ohio Misc. 101, 213 N.E.2d 828, 832. A fact is either a state of things, that is, an existence, or a motion, that is, an event. The quality of being actual; actual existence or occurrence.Evidence.A circumstance, event or occurrence as it actually takes or took place; a physical object or appearance, as it usually exists or existed. An actual and absolute reality, as distinguished from mere supposition or opinion. A truth, as distinguished from fiction or error. "Fact" means reality of events or things the actual occurrence or existence of which is to be determined by evidence. Peoples v. Peoples, 10 N.C.App. 402, 179 S.E.2d 138, 141.Under Rule of Civil Procedure 41(b), providing for motion for dismissal at close of plaintiffs evidence in nonjury case on ground that upon the facts and the law plaintiff has shown no right to relief, the "facts" referred to are the prima facie facts shown by plaintiffs evidence viewed in light most favorable to him. Schad v. Twentieth Century-Fox Film Corporation, C.C.A.Pa., 136 F.2d 991, 993.Fact and law distinguished."Fact" is very frequently used in opposition or contrast to "law". Thus, questions of fact are for the jury; questions of law for the court. E.g. fraud in fact consists in an actual intention to defraud, carried into effect; while fraud imputed by law arises from the person's conduct in its necessary relations and consequences. A "fact", as distinguished from the "law", may be taken as that out of which the point of law arises, that which is asserted to be or not to be, and is to be presumed or proved to be or not to be for the purpose of applying or refusing to apply a rule of law. Hinckley v. Town of Barnstable, 311 Mass. 600, 42 N.E.2d 581, 584.Law is a principle; fact is an event. Law is conceived; fact is actual. Law is a rule of duty; fact is that which has been according to or in contravention of the rule.See E.g. fact question.See also adjudicative facts- collateral facts- material fact- principal (principal fact)- ultimate facts
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.
