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Simple English definitions for legal terms

fact issue

Read a random definition: common-law state

A quick definition of fact issue:

A fact issue is a disagreement between two or more parties about a specific point of fact. It is a matter that is affirmed by one side and denied by the other, and it arises from the allegations and contentions of the parties. A fact issue is different from a legal issue, which is a question that depends on the court's interpretation of the law and is not disputed by the parties. A material issue is an issue that must be decided in order to resolve a controversy, while an immaterial issue is not necessary to decide the point of law.

A more thorough explanation:

Definition: A point in dispute between two or more parties based on facts. It is a matter affirmed on one side and denied on the other, and when a fact is alleged in the complaint and denied in the answer, the matter is then put in issue between the parties.

Examples:

  • Issue of fact: A plaintiff alleges that a defendant caused a car accident by running a red light. The defendant denies this and claims that the plaintiff was the one who ran the red light. The point in dispute is whether the defendant caused the accident or not, which is a fact issue.
  • Material issue: In a contract dispute, the parties disagree on whether a certain clause was included in the agreement. This is a material issue because it must be decided in order to resolve the controversy.
  • Immateral issue: In a personal injury case, the parties dispute the color of the defendant's car at the time of the accident. This is an immaterial issue because it is not necessary to decide the point of law.

The examples illustrate how fact issues can arise in legal disputes and how they are essential to resolving controversies. They show how parties can disagree on the facts of a case, and how these disagreements can lead to legal disputes that must be resolved by a court.

factio testamenti | facto

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JumpySubsequentDolphin
20:50
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JumpySubsequentDolphin
20:50
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20:50
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20:50
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JumpySubsequentDolphin
20:51
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20:52
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JumpySubsequentDolphin
21:32
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JumpySubsequentDolphin
21:32
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JumpySubsequentDolphin
21:34
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JumpySubsequentDolphin
21:35
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JumpySubsequentDolphin
21:35
he has since moved
22:12
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22:24
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22:25
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JumpySubsequentDolphin
22:39
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JumpySubsequentDolphin
22:45
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