issue of fact

issue of fact
A single, certain, and material part of dispute arising upon a denial of a material allegation in the adversary's pleading, or where by force of statute a material allegation is to be considered controverted without further pleading. 41 Am J1st Pl § 362. Such an issue as is made by the pleadings in a civil action, where the facts alleged, constituting the cause of action, are denied. Dean v Willamette Bridge R. Co. 22 Or 167, 29 P 440. Arising when a fact or conclusion of fact is maintained by one party, and is controverted by the other in the pleadings. Harris v San Francisco Sugar Refining Co. 41 Cal 393, 404. In a criminal prosecution an issue of fact may arise upon a plea of not guilty, or upon a plea of former conviction, or acquittal of the same crime. State v Walton, 50 Or 142, 91 P 490.

Ballentine's law dictionary. . 1998.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

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

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

  • issue of fact — matter of fact, issue of proven truth, matter of reality …   English contemporary dictionary

  • issue of fact — noun Law a dispute in court in which the significance of a fact or facts is denied …   English new terms 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 — (f[a^]kt), n. [L. factum, fr. facere to make or do. Cf. {Feat}, {Affair}, {Benefit}, {Defect}, {Fashion}, and { fy}.] 1. A doing, making, or preparing. [Obs.] [1913 Webster] A project for the fact and vending Of a new kind of fucus, paint for… …   The Collaborative International Dictionary of English

  • 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

  • issue — n. & v. n. 1 a a giving out or circulation of shares, notes, stamps, etc. b a quantity of coins, supplies, copies of a newspaper or book etc., circulated or put on sale at one time. c an item or amount given out or distributed. d each of a… …   Useful english 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

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”