Legal Definitions - factum

The term factum is a Latin word with several meanings in legal contexts, generally referring to something done, a fact, or a statement of facts.

• 1. A Fact

  In its most general sense, factum refers to a fact – something that is true, has occurred, or can be proven.

  • Example 1: During a criminal trial, the prosecution presents security camera footage showing the defendant at the scene of the crime at a specific time.

    Explanation: The defendant's presence at the crime scene, as captured by the camera, is a factum – a verifiable event that serves as a piece of evidence.

  • Example 2: A medical report confirms that a patient suffered a broken arm as a result of an accident.

    Explanation: The diagnosis of a broken arm is a factum, a confirmed medical reality resulting from the incident.

• 2. An Act or Deed (including "Factum of a Will")

  Factum can also refer to an action or deed, especially one that carries legal significance. A very common and specific application of this meaning is the "factum of a will."

  • Example 1 (General Act/Deed): A city council passes a new ordinance regulating noise levels in residential areas.

    Explanation: The act of the city council voting and enacting the ordinance is a factum – a legally binding action that creates new rules.

  • Example 2 (Factum of a Will): John carefully signs his last will and testament in front of two witnesses, who then also sign the document to confirm they saw him sign and that he appeared to understand what he was doing.

    Explanation: This entire formal procedure, involving John's signature and the witnesses' attestation, constitutes the factum of the will, which is essential for the will to be legally valid and enforceable.

• 3. A Statement of Facts

  In a legal context, factum can refer to a written document that presents the facts relevant to a case or situation.

  • Example 1: A lawyer prepares a document for the court outlining the sequence of events that led to a contract dispute, including dates, communications, and actions taken by both parties.

    Explanation: This document, which systematically lays out the factual background of the dispute, serves as a factum – a formal statement of the facts for the court's review.

  • Example 2: An independent auditor submits a report detailing the financial transactions and conditions of a company over a specific period, based on their investigation.

    Explanation: The auditor's report, presenting the verified financial facts, functions as a factum.

• 4. A Legal Brief

  Historically and in some contemporary uses, factum can refer to a legal brief – a comprehensive written argument submitted to a court, which includes a statement of the facts of a case along with legal arguments and precedents.

  • Example 1: An attorney files a detailed submission to an appellate court, summarizing the trial proceedings, identifying specific legal errors, and presenting arguments for why the lower court's decision should be overturned.

    Explanation: This extensive document, which combines a factual summary with legal reasoning, is an example of a factum in the sense of a legal brief.

  • Example 2: In an international arbitration, each party submits a "memorial" that includes a complete statement of the factual background, the legal arguments, and all supporting evidence.

    Explanation: Such a memorial, serving as a comprehensive presentation of the case's facts and legal arguments, aligns with the meaning of a factum as a legal brief.