Legal Definitions - special finding

A special finding refers to a specific, detailed determination of a factual issue made by a judge or jury during a legal proceeding. Unlike a general verdict, which simply states which party wins or loses, a special finding requires the decision-maker to answer particular questions about the evidence presented and the facts established during a trial. These precise factual conclusions provide clarity on the basis for the court's judgment and are essential for understanding how legal rules were applied to the specific circumstances of a case.

• Example 1: Contract Dispute

  Imagine a lawsuit where a company claims another company breached a contract for software development. Instead of just asking the jury, "Did the defendant breach the contract?", the judge might ask for special findings on specific questions like: "Did the plaintiff provide the defendant with the required specifications by the agreed-upon date?" and "Was the software delivered by the defendant substantially compliant with the specifications provided?"

  These questions require the jury to make distinct factual determinations about the parties' actions and the quality of the work, rather than just a broad conclusion about breach. The answers to these special findings would then guide the judge in applying the law to determine if a breach occurred and what damages, if any, are owed.

• Example 2: Personal Injury Claim

  In a car accident case, a jury might be asked to make special findings regarding the actions of each driver. For instance, the judge could ask: "Did Driver A fail to stop at the red light?" and "Was Driver B exceeding the posted speed limit at the time of the collision?" and "What percentage of fault, if any, is attributable to Driver A and Driver B, respectively?"

  These specific questions compel the jury to analyze the evidence and determine precise facts about each driver's conduct. The answers to these special findings directly inform the court's final judgment regarding liability and the amount of compensation due to the injured party, based on the determined percentages of fault.

• Example 3: Intellectual Property Infringement

  Consider a complex case involving the alleged infringement of a patent for a new medical device. A judge might issue special findings on whether the defendant's device incorporates a specific patented component, or whether the defendant's manufacturing process uses a method that is "substantially identical" to the patented process. The judge might also make a special finding on whether the defendant had actual knowledge of the plaintiff's patent prior to developing their own device.

  These detailed factual determinations are crucial for applying the intricate legal standards of patent law. The judge's special findings on these specific points would form the factual foundation for their ultimate legal conclusion on whether patent infringement occurred and whether the infringement was willful.