| 单词 | FACT |
| 释义 | A thing done; an action performed or an Incident transpiring; an event orcircumstance; an actual occurrence.In the earlier days of the law “fact” was used almost exclusively in the sense of “action”or “deed;” but, although this usage survives, in some such phrases as “accessarybefore the fact,” it lias now acquired the broader meaning given above.A fact is either a state of things, that is, an existence, or a motion, that is, an event.1 Benth. Jud. Ev. 48.In the law of evidence. A circumstance, event or occurrence as it actually takes ortook place; a physical object or appearance, as it actually exists or existed. An actualand absolute reality, as distinguished from mere supposition or opinion; a truth, as distinguishedfrom fiction or error. Burrill, Circ. Ev. 218.”Fact” is very frequently used in opposition or contrast to “law.” Thus, questions offact are for the jury ; questions of law for the court. So an attorney at laic is an officerof the courts of justice; an attorney in fact is appointed by the written authorization of aprincipal to manage business affairs usually not professional. Fraud in fact consists in anactual intention to defraud, carried into effect; while fraud imputed by law arises fromthe man’s conduct in its necessary relations and consequences.The word is much used in phrases which contrast it with law. Law is a principle; factis an event Law is conceived; fact is actual. Law is a rule of duty; fact is that which hasbeen according to or in contravention of the rule. The distinction is well illustrated inthe rule that the existence of foreign laws is matter of fact. Within the territory of itsjurisdiction, law operates as an obligatory rule which judges must recognize andenforce; but, in a tribunal outside that jurisdiction, it loses its obligatory force and itsclaim to judicial notice. The fact that it exists, if important to the rights of parties, mustbe alleged and proved the same as the actual existence of any other institution. AbbottThe terms “fact” and “truth” are often used in common parlance as synonymous,but as employed in reference to pleading, they are widely different. A fact in pleading isa circumstance, act, event, or incident; a truth Is the legal principle which declares orgoverns the facts and their operative effect. Admitting the facts stated in a complaintthe truth may be that the plaintiff is not entitled, upon the face of his complaint to whathe claims. The mode in which a defendant sets up that truth for his protection is ademurrer. Drake v. Cockroft, 4 E. D. Smith (N. Y.) 37. |
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