Gavin Howe
The distinction between legal facts and laws is a complex topic that has been debated by philosophers and legal professionals alike. In broad terms, a legal fact is a fact that has legal consequences and can be proven in a court of law. It can refer to tangible things, events, relationships, intentions, opinions, and even states of mind. On the other hand, a question of law, or a point of law, is a question that must be answered by a judge, applying relevant legal principles. While questions of fact are resolved by a trier of fact, often a jury, and are based on specific circumstances and evidence. This differentiation is crucial in building a legal defence, as understanding the roles of judges and juries can impact the admissibility of evidence and the outcome of a trial.
Differences between Legal Facts and Law
| Characteristics | Legal Facts | Law |
|---|---|---|
| Definition | A fact that triggers a particular legal consequence. | A question that must be answered by applying relevant legal principles. |
| Decided by | Jury | Judge |
| Basis of arguments | Legal facts are the information on which lawyers base their arguments. | Legal principles |
| Examples | Adjudicative fact, Legislative fact | Conclusions of law |
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What You'll Learn
Questions of law vs. questions of fact
The distinction between "law" and "fact" is a complex one, with philosopher Alfred Lessing arguing that the difference is ill-defined, with frequent disagreement over whether a statement is a question of law or a question of fact.
In broad terms, a question of law, or point of law, is a question that must be answered by a judge, and cannot be answered by a jury. A question of fact, or point of fact, on the other hand, must be answered by reference to facts and evidence, as well as inferences arising from those facts.
A question of fact usually depends on particular circumstances or factual situations. For example, in a criminal case, a question of fact might be "was a search warrant supported by probable cause?" or "is the breath or blood test admissible?". These are issues for a judge to decide prior to trial, as a jury does not have the authority to decide these legal issues.
However, in deciding these issues, judges often must make findings of fact, as most issues are a combination of law and facts. Answers to questions of law, on the other hand, are generally expressed in terms of broad legal principles that can be applied to many situations, rather than particular circumstances. An answer to a question of law as applied to the specific facts of a case is often referred to as a conclusion of law.
In several civil law jurisdictions, the highest courts deem questions of fact as settled by the lower courts and will only consider questions of law. They may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer to the application of the law.
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Legal facts: tangible things, occurrences, relationships, intentions, opinions
The distinction between "law" and "fact" is a complex one, with some philosophers arguing that the difference is ill-defined. However, it is generally understood that a legal fact refers to something that is true and can be proven in a court of law. These are tangible things, occurrences, relationships, intentions, and opinions that can trigger specific legal consequences.
Tangible things, also referred to as objects, can be submitted as evidence in a trial. For example, a signed contract in a civil suit is a tangible thing that can support an argument in court.
Occurrences refer to events or actual happenings that can be proven to have taken place. For instance, in a criminal case, a judge might need to decide if a traffic stop was lawful. This decision could impact the admissibility of evidence obtained during the stop.
Relationships can be a type of legal fact, such as the relationship between the parties involved in a legal proceeding. For example, in a divorce case, the relationship between the spouses is a relevant legal fact.
Intentions, or states of mind, can also be considered legal facts. For example, in a murder case, the prosecution must prove that the defendant intended to kill the victim. This intention, or "mens rea," is a crucial element of the crime.
Opinions can also be considered legal facts, particularly in the context of legislative facts. Legislative facts help explain the rationality of a law and guide its application. For example, legislative facts may be considered when determining whether to recognize or dissolve a common-law marital privilege.
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Legal facts: investitive vs. divestitive
The distinction between "law" and "fact" is a complex one, with philosopher Alfred Lessing arguing that the difference is ill-defined, with frequent disagreements over whether a statement is a "legal conclusion" or a "fact".
Legal facts can be understood as investitive or divestitive. Investitive facts are positive in character and create rights. For example, in the context of federal law, publication can be considered an investitive act as it creates a new form of publication under federal law. On the other hand, divestitive facts are negative in character and destroy or deprive rights. For instance, in the context of common law, publication can be considered a divestitive act as it results in the loss of protection.
In the realm of title and ownership, a right is created when there is an investitive fact or title, also known as a vestitive fact. This can be further classified into original titles, which are newly created rights with no previous existence, and derivative titles, which are rights created by the transfer of existing rights. Conversely, divestitive facts or titles, also known as extinctive facts, lead to the destruction or extinction of rights. These can be divided into alienative facts, which transfer rights from one person to another, and extinctive facts, which result in the destruction of rights. Examples of divestitive facts include selling away fish or the copyrights of a book.
It is important to note that the distinction between investitive and divestitive facts is not always clear-cut, and there may be complexities and nuances to each case that influence the interpretation and application of these concepts.
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Adjudicative facts
For example, in a criminal trial, the fact that the defendant was at the scene of the crime is an adjudicative fact that can help determine guilt or innocence. Similarly, in a custody battle, a parent's history of domestic violence is an adjudicative fact that can influence the judge's decision.
In civil cases, the court must instruct the jury to accept noticed adjudicative facts as conclusive. On the other hand, in criminal cases, the court has more flexibility, instructing the jury that they may or may not accept the noticed fact as conclusive.
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Legislative facts
It is important to note that the distinction between "law" and "fact" has been a subject of debate, with some arguing that the difference is ill-defined and obscure.
In summary, legislative facts are a type of legal fact that helps explain and shape the understanding and application of the law without being specific to the parties involved in a legal proceeding.
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Frequently asked questions
A legal fact is a fact that triggers a particular legal consequence. It is something that is true and can be proven in a court of law. It can be a tangible thing, an event, a relationship, or even a state of mind.
A law, or a question of law, is a question that must be answered by a judge and cannot be answered by a jury. It is distinct from a question of fact, which must be answered by reference to facts and evidence.
Questions of law are for the judge to decide, whereas questions of fact are for the jury to decide. Answers to questions of law are generally expressed in terms of broad legal principles and can be applied to many situations rather than particular circumstances.
In a criminal case, a question of fact might be "was a search warrant supported by probable cause?" or "is the breath or blood test admissible?".
