Legal Definition Statement of Fact
In maritime transport, a statement of facts refers to a report of chronological events that occurred during a ship`s stay in a particular port in order to calculate the ship`s call time. The purpose of a statement of facts is not to present an argument, but to present clear and easily understandable factual information. That is, many lawyers may present implicit arguments in the document and use a variety of tricks to get the reader to take one point or another. Typically, these arguments are designed to cast someone in a favorable light or deny someone else`s trustworthiness. For example, it could say, “The witness said she saw Mr. Jones leave the building,” or it could say, “The witness, who later turned out to be intoxicated, claimed that she had Mr. Speaker. — The next item is the joint debate on the following motions for resolutions: These two different framing can lead to very different interpretations of the same information. In law, there are many instances where a legal party must prepare a statement of facts for the court in support of an application, motion or other pleading document. In a form of fact-finding, you can expect the following: The reason it is called a “statement of fact” is that the purpose of the document is to present a particular statement of fact. Documents for things like car registration, health insurance application, or school enrollment often contain this type of information.
The applicant is expected to check the appropriate boxes on the document and then sign it to indicate that the information is factually accurate. If the statement is later found to be false, the applicant could face legal consequences such as charges of perjury. The only difference between a statement of facts and a legal statement of facts is that the legal statement of facts must reflect the relevant facts in accordance with applicable laws. In law, lawyers and lawyers use a variety of techniques to present facts in their appellate pleadings by drafting statements that use persuasive techniques and narrative techniques, and that interact with facts and law. In the context of a court case, litigators tend to use the factual presentation of events to provide the judge with adequate context to be able to present their case. For fact-finding to be effective, the way you frame the facts and present the “factual information” can create an effective story that supports your legal argument. The presentation of facts is not the only written factual account that supporters produce in a litigation case. The complaint is also a source of facts and, in some cases, such as a motion to dismiss, is the only source available to the parties because their allegations are considered true. The complaint performs legal and rhetorical functions that differ from the operation of a statement of facts. The legal function of the complaint is paramount: it alleges facts that are necessary to state all the elements of a legal claim. It is therefore written from the leader`s point of view and knowledge base.
Second, the complaint may have a persuasive or narrative function – if framed in more detail. As a script, it is a legal genre in its own right. Its form has legal significance: the facts must be set out in separately numbered paragraphs; Each paragraph should deal with an idea that can be admitted or rejected in a plea; The language must be clear and precise. The complaint may not present a clever narrative, but at least it purports to tell a legal story – its facts meet all the requirements prescribed for a cause of action. If the complaint is specific enough, it can also convey a factual account – what happened and to whom – and usually this presentation of the facts will be in chronological order. The purpose is to communicate to the Court of Appeal the facts on the basis of which the appellate lawyer believes he can succeed on appeal. The reason it`s called a “statement” of “fact” is that it is essentially that, it is a statement that you make on facts. Sometimes a statement of fact is completed in the same way as a form. The pleading does not necessarily have to be filed with the Court of Appeal, it can be filed with any court of law. Written consent with all relevant facts for legal proceedings.
Can someone create a document and call it a “statement of fact” for anything that indicates the factuality of a particular thing and ask both parties to sign and keep documents? Or does it only work for lawyers and certain documents like DMV forms or similar? It must be read as a whole in order to understand its meaning and the effect it must have on the reader, and must be interpreted in the light of the author`s obvious scope and object as a whole, taking into account not only the language actually used, but also the meaning and meaning of which it can be assumed that: that they were passed on to those who read them. If the publication so interpreted is not reasonably likely to have a defamatory meaning and cannot reasonably be understood as defamatory, [the statement is not punishable]. (Baker, op. cit., 42 Cal.3d pp. 260-261.) It is a statement of essential and undisputed facts in support of the respondent`s application for summary judgment. Next, account must be taken of the context in which the declaration was made. Since “a word is not a crystal, transparent and unchanged, [but] is the skin of a living thought and can vary greatly in color and content depending on the circumstances and timing of its use,” the facts surrounding the publication must also be carefully examined. Here is an example of a material and undisputed statement of facts presented by a defendant in the Supreme Court of the State of New York in New York County, as you can see on the NYCourts.gov website: You can also find some form of investigation in the shipping industry, where BIMCO fact-finding is commonly used. In a statement of facts within a briefing, the need to present a compelling and coherent plot or action that addresses legally significant facts will limit some of the options otherwise available to storytellers. The narrative should “sink” (for example, it would be risky here to experiment with postmodern approaches that break down time frames or juxtapose perspectives – this will not lend credence to your client`s case if you confuse or confuse the reader!). The reader should be able to get a clear idea of “what happened,” although choosing where to begin the narrative (i.e. what makes the narrative begin) can be crucial to making a compelling impact.
As always, you`ll need to think strategically when deciding where to start. It`s also important to say it in a way that incorporates your customer`s point of view (and avoids highlighting the opposing party`s point of view or experience). Typically, presenting a narrative from your client`s point of view involves making your client or their representative the subject or agent of the action – the center of attention and action. There are many cases where you need to complete a “Statement of Facts”. As a general rule, a statement of the facts is contained in a pleading, in particular in the context of appeal proceedings. It aims to provide the judge in a case with information about the course of events and the circumstances that may have influenced those events. In appeals, he may focus heavily on issues related to the previous trial, such as bored jurors who did not listen to instructions or contentious testimony given later but may have influenced the jury. Lawyers and lawyers dealing with the courts are accustomed to drafting factual statements for procedural pleadings or other types of legal proceedings. Presenting the facts in a brief to a court does a certain job: we can think of it as a strategic staging or presentation of the facts in a way that addresses the legal issues of a case without openly arguing them. Typically, a judge reads the statement of facts in a letter before reading the argument. A well-designed statement of facts that does not engage in covert persuasion can influence how arguments are evaluated. At best, a factual representation will have the attributes of a narrative, including a plot based on a particular temporality, a series of events, a cast of characters, and a point of view.
If skillfully crafted, it will arouse interest and create dramatic tension. However, unlike other narratives, a statement of facts in a narrative is subject to parameters based on the elements of the applicable law. The facts you include in the presentation of facts must relate to the factual criteria of the case law or law governing the point of law. For example, in a case involving the doctrine of the special tort relationship, where New York jurisprudence has identified four elements to satisfy its requirements (knowledge, care, direct contact, trust), plaintiffs and defendants should include in the statement facts that tend to support or refute those elements.