fact in issue

fact in issue
The fact upon which the plaintiff proceeds by his action, and which the defendant controverts in his pleadings. Garwood v Garwood, 29 Cal 514.

Ballentine's law dictionary. . 1998.

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  • fact in issue — a fact that is raised by the pleadings directly and is necessary to be determined by the decision so that it will become res judicata distinguished from fact in controversy; compare issue of law …   Useful english dictionary

  • issue of fact — fact in issue …   Useful english dictionary

  • issue of fact — see issue Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. issue of fact n. A d …   Law dictionary

  • issue — 1. verb To send forth; to emit; to promulgate; as, an officer issues orders, process issues from a court. To put into circulation; as, the treasury issues notes. To send out, to send out officially; to deliver, for use, or authoritatively; to go… …   Black's law dictionary

  • issue — 1. verb To send forth; to emit; to promulgate; as, an officer issues orders, process issues from a court. To put into circulation; as, the treasury issues notes. To send out, to send out officially; to deliver, for use, or authoritatively; to go… …   Black's law dictionary

  • fact in controversy — a fact other than a fact in issue that is collateral to the issue and controverted between the parties (as evidential facts merely of aid in reaching a verdict) distinguished from fact in issue …   Useful english dictionary

  • issue of law — a question involving primarily the application of principles of law as distinguished from an issue involving primarily the determination of facts in a case : a question of law rather than of fact compare fact in issue …   Useful english dictionary

  • issue — is·sue 1 / i ˌshü, ˌsyü/ n 1 pl: proceeds from a source of revenue (as an estate) rents, issue s, and profits 2: one or more lineal descendants died without issue compare …   Law dictionary

  • fact — n [Latin factum deed, real happening, something done, from neuter of factus, past participle of facere to do, make] 1: something that has actual existence: a matter of objective reality 2: any of the circumstances of a case that exist or are… …   Law dictionary

  • issue preclusion — n: estoppel by judgment at estoppel 2a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

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