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A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. A closing argument may not contain any new information and may only use evidence introduced at ...
Unfortunately, no one has ever been able to tell whether the allegation that "on November 9, the defendant negligently ran over the plaintiff with his car at the intersection of State Street and Chestnut Street" is a statement of fact or a legal conclusion. In fact, the distinction between law and fact is just the legal version of the ...
In law, the ultimate fact is the conclusion (or conclusions) of fact logically derived from the evidence, [1] as made by a jury after deliberation or by a judge at a bench trial. For example, in the New York case of People v.
It is not uncommon for summary judgments of the lower U.S. courts in complex cases to be overturned on appeal. A grant of summary judgment is reviewed de novo, [15] meaning, without deference to the views of the trial judge, both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law.
Logical consequence (or entailment), the relationship between statements that holds true when one logically "follows from" one or more others; Result (or upshot), the final consequence of a sequence of actions or events; Affirmative conclusion from a negative premise, a logical fallacy
Adirondack League Club vs. Sierra Club was a court case decided on December 17, 1998, by New York's highest court, the New York Court of Appeals, denying the defendants' motions for summary judgment that the South Branch of the Moose River flowing through Adirondack League Club property was a public highway, but holding that recreational use can be considered in determining if a river is a ...
If the issue is the defendant's mental state at the time of the offense, the ultimate issue would be the defendant's sanity or insanity during the commission of the crime. . In the past, expert witnesses were allowed to give testimony on ultimate issues, such as the applicability of the insanity defense to a particular defenda
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]