Dictionary of Law
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ultimate fact :: legal definition


Ultimate fact - n. in a trial, a conclusion of fact which is logically deduced from evidence ("evidentiary facts"). Example: the evidentiary facts were that driver Larry Leadfoot a) exceeded the speed limit, b) drove over the double-line, c) skidded and lost control of his car; the ultimate fact was, therefore, Leadfoot was negligent. It is essential to introduce the evidentiary facts during the trial in order to prove the ultimate fact. A mere statement by a witness that "Leadfoot was negligent" is not sufficient, since it is an opinion of the witness and is not evidence.

See also: evidence and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury).
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection
inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence
lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence
material witness :: n. a person who apparently has information about t ... e. See also: material trial witness
motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - U

UCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states.
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation
ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets.
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated
underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter
underwriter :: n. a company or person which/who underwrites an in ... ss or project. See also: underwrite
undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal
undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business.
unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax
Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages.
unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock
unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust