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	Law and Fact in Patent Litigation
		Unfortunately, the water is muddied when courts occasionally resolve fact issues as a "matter of law."[9] Yet, even then, the operational definition stands: If a matter is sufficiently well established in the record that reasonable minds could not differ, it is within the ultimate control of judges, not a jury.
		While appellate courts may be the ultimate arbiters of issues of law, issues of fact properly entrusted to juries are entitled to exceptional deference under the "substantial evidence" standard.
		He reasoned that validity is a question of law because "The standard of patentability is a constitutional standard; and the question of validity is a question of law."[28] For authority he cited Mahn v.Harwood,[29] an 1884 case in which the Court reviewed a decision of the Patent Commissioner.
	www.piercelaw.edu /tfield/L&Fact.htm (2948 words)

	Fact - Wikipedia, the free encyclopedia
		Generally a fact is an event that has happened, or a statement that is generally regarded as true — whether one accepts it as real (true) or not.
		In philosophy, a fact is either a true proposition or something (a state of affairs, for example) that "makes" a proposition true.
		In law, a fact is a statement which is found to be true by a "tryer of fact," sometimes a jury, but often the court (the judge or judges) after hearing evidence.
	en.wikipedia.org /wiki/Fact (378 words)

	Fact (law) - Wikipedia, the free encyclopedia
		the jury is the finder of fact; the judge is the determiner of law.
		In the United States, appellate courts generally only consider only possible errors of law and only very rarely overturn errors of fact.
		Depending on the nature of the matter the standard of proof may require that a fact be proved to be "more likely than not", that is there is barely more evidence for the fact than against; established by a preponderance of the evidence; or true beyond reasonable doubt.
	en.wikipedia.org /wiki/Fact_(law) (151 words)

	The Law, by Frederic Bastiat
		The harmlessness of the mission performed by law and lawful defense is self-evident; the usefulness is obvious; and the legitimacy cannot be disputed.
		But when the law, by means of its necessary agent, force, imposes upon men a regulation of labor, a method or a subject of education, a religious faith or creed — then the law is no longer negative; it acts positively upon people.
		But make the laws upon the principle of fraternity — proclaim that all good, and all bad, stem from the law; that the law is responsible for all individual misfortunes and all social inequalities — then the door is open to an endless succession of complaints, irritations, troubles, and revolutions.
	bastiat.org /en/the_law.html (16113 words)

	fact - Definitions from Dictionary.com
		Law The aspect of a case at law comprising events determined by evidence: The jury made a finding of fact.
		Usage Note: Fact has a long history of usage in the sense "allegation of fact," as in "This tract was distributed to thousands of American teachers, but the facts and the reasoning are wrong" (Albert Shanker).
		In addition to the idiom beginning with fact, also see after the fact; in fact; is that a fact; matter of fact.
	dictionary.reference.com /browse/fact (992 words)

	DOL WHD: Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title 3 (CCPA) (Site not responding. Last check: 2007-11-01)
		This fact sheet provides general information concerning the amount that may be withheld from a person's earnings under the CCPA and the law's protection from termination because of garnishment for any single debt.
		The law sets the maximum amount that may be garnished in any workweek or pay period, regardless of the number of garnishment orders received by the employer.
		The garnishment law allows up to 50 percent of a worker's disposable earnings to be garnished for these purposes if the worker is supporting another spouse or child, or up to 60 percent if the worker is not.
	www.dol.gov /esa/regs/compliance/whd/whdfs30.htm (1479 words)

	"Fact" Defined & Explained
		There is no such thing as an untrue fact, but in the legal system the word is often used to denote conflicting allegations -- and it is up to a judge or jury to decide their truth or falsity.
		A fact is simple when it expresses a purely material act unconnected with any moral qualification; for example, to say Peter went into his house is to express a simple fact.
		Fact is also put in opposition to law; in every case which has to be tried there are facts to be established and the law which bears on those facts.
	www.lectlaw.com /def/f093.htm (234 words)

	Adam Hoffman, Corralling Constitutional Fact: De Novo Fact Review in the Federal Appellate Courts, 50 Duke L. J. 1427 ... (Site not responding. Last check: 2007-11-01)
		The determination of this fact could not be left to the administrative agency because "where there is jurisdiction a finding of fact by the executive department is conclusive" unless there is a due process violation such as a denial of hearing or lack of evidence to support the agency's finding.
		Henry Hart and Albert Sacks first divided the judicial decision into "law declaration" (the articulation of the rules of law), "fact identification" (the determination of the facts specific to the case at hand), and "law application" (the application of the rules of law to the facts of the case).
		In this view, "fact" and "law" are merely placeholders for allocative decisions made on the basis of factors external to the nature of the questions themselves.
	www.law.duke.edu /journals/dlj/articles/dlj50p1427.htm (14800 words)

	law.com Law Dictionary
		The first law system which has a direct influence on the American legal system was the codification of all classic law ordered by the Roman Emperor Justinian in 528 and completed by 534, becoming the law of the Roman empire.
		The American colonies followed the English Common Law with minor variations, and the four-volume Commentaries on the Laws of England by Sir William Blackstone (completed in 1769) was the legal "bible" for all American frontier lawyers and influenced the development of state codes of law.
		This is distinguished from "natural law," which is not based on statute, but on alleged common understanding of what is right and proper (often based on moral and religious precepts as well as common understanding of fairness and justice).
	dictionary.law.com /default2.asp?selected=1111&bold=\|\|\|\| (519 words)

	Theory, Law, Fact and the Scientific Method
		The second misunderstanding is that a theory is an "unproven" law or fact, or, in light of the preceding discussion, an unconfirmed law or fact.
		Hubbell's Law states that the speed at which a distant galaxy is receding from Earth is directly proportional to its distance from Earth.
		Using his Law of Gravitation and his Theory of Mechanics, Newton was able to explain numerous facts (the motion of the planets in the sky, the movement of the tides, etc.) and laws (Kepler's and Galileo's).
	ola4.aacc.edu /jsfreeman/TheoryandLaw.htm (1642 words)

	Litigation Documents: Findings of Fact, Conclusions of Law and Judgment as to Defendants' Motion for Partial Summary ...
		After the passage of the Medicaid Law in 1969, the Mississippi Legislature, in its Regular Session in 1970, amended § 3826 of the Mississippi Code of 1942 which deals with how the Attorney General is elected, his term of office and his qualifications.
		He shall have the powers of the Attorney General at common law and is given the sole power to bring or defend a lawsuit on behalf of a state agency, the subject matter of which is of statewide interest.
		The Mississippi Medicaid Law neither expressly nor impliedly limits, divests, restricts, modifies, displaces, or in any way affects the power of the Attorney General to bring or defend a lawsuit on behalf of a state agency, the subject matter of which is of statewide interest.
	library.ucsf.edu /tobacco/litigation/ms/3mmcan.html?printfriendly=1 (1035 words)

	Law and Fact Magazine - Cuyahoga County Bar Association
		The quarterly law journal, Law and Fact—along with the bi-monthly e-newsletter Law and Fact Lite—are refined legal publications designed to inform readers of recent issues and concern of the local legal community.
		Law and Fact is the official publication and "voice" of the CCBA.
		Law and Fact Lite, the bi-monthly e-newsletter is emailed to the membership around the 1st and 15th of each month.
	www.cuybar.org /membership-lawfact.shtml (1071 words)

	Pre-Law Program Fact Sheet
		Successful study and practice of law can be based on any of a large number of college backgrounds; therefore, the pre-law student should feel free to study in depth what interests him or her most and to enjoy the stimulation of undergraduate education.
		It also should be noted that undergraduate law courses should not be taken for the purpose of learning the law, and certainly are not essential for law school admission.
		Such courses may be helpful, however, in providing you with an understanding of the place of law in society and in providing a better basis by which to estimate your interest in law school.
	www.ndsu.edu /ndsu/academic/factsheets/ahss/prelaw.shtml (723 words)

	Fact Sheet No.13, International Humanitarian Law and Human Rights (Site not responding. Last check: 2007-11-01)
		This body of law can be defined as the principles and rules which limit the use of violence in times of armed conflict.
		In 1949, the International Law Commission decided not to put the law of armed conflict on its agenda as attention to this branch of international law might be seen as a lack of trust in the capacity of the United Nations to maintain peace and security.
		Welcomed the decision of the ICRC to convene a conference on the reaffirmation and development of humanitarian law applicable to armed conflicts and emphasized the importance of close cooperation between the United Nations and the ICRC.
	www.unhchr.ch /html/menu6/2/fs13.htm (4743 words)

	Evolution - creation
		Law - an aspect or quality of a phenomenon assumed to hold or is so far known as invariable under given conditions.
		For the sake of argument someone puts forward a hypothesis and when a set of facts or circumstances are brought together to back this argument it is called a theory.
		The first facts supporting this belief came during the 1950s, as radio astronomers probed deep into the universe.
	www.veda.harekrsna.cz /bhaktiyoga/evolution.htm (5583 words)

	Conclusions of Fact and Law
		In the view of MEW/PHR, these conclusions would be accepted by a court of law operating in conformity with internationally accepted standards of due process.
		Koreme and Birjinni are Kurdish villages in Dohuk governorate that were enveloped by Iraqi army forces during August 1988 in the course of the Anfal campaign.
		The use of chemical weapons against Iraqi civilians is, in the opinion of HRW, a violation of customary international law by the government of Iraq.
	www.hrw.org /reports/1992/iraqkor/KOREME9.htm (1771 words)

	P-01: UK Copyright Law fact sheet
		The UK copyright law fact sheet outlines the Copyright, Designs and Patents Act 1988, the principal legislation covering intellectual property rights in the United Kingdom and the work to which it applies.
		The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used.
		The use of this fact sheet is covered by the conditions of a Creative Commons licence.
	www.copyrightservice.co.uk /copyright/p01_uk_copyright_law (984 words)

	Pre-Law Program Fact Sheet
		Successful study and practice of law can be based on any of a large number of college backgrounds; therefore, the pre-law student should feel free to study in depth what interests him or her most and to enjoy the stimulation of undergraduate education.
		It should also be noted that undergraduate law courses should not be taken for the purpose of learning the law, and certainly are not essential for law school admission.
		Such courses may be helpful, however, in providing you with an understanding of the place of law in society and in providing a better basis by which to estimate your interest in law school.
	www.ndsu.nodak.edu /ndsu/academic/factsheets/ahss/prelaw.shtml (698 words)

	Law and Fact in Patent Litigation
		Unfortunately, the water is muddied when courts occasionally resolve fact issues as a "matter of law."[9] Yet, even then, the operational definition stands: If a matter is sufficiently well established in the record that reasonable minds could not differ, it is within the ultimate control of judges, not a jury.
		While appellate courts may be the ultimate arbiters of issues of law, issues of fact properly entrusted to juries are entitled to exceptional deference under the "substantial evidence" standard.
		He reasoned that validity is a question of law because "The standard of patentability is a constitutional standard; and the question of validity is a question of law."[28] For authority he cited Mahn v.Harwood,[29] an 1884 case in which the Court reviewed a decision of the Patent Commissioner.
	www.fplc.edu /tfield/L&Fact.htm (2930 words)

	Body (Site not responding. Last check: 2007-11-01)
		It is a fact that the Pilgrims sailed to America on the Mayflower in 1620.
		Law and fact are based on observation of things which can be proven as true, or processes which are repeatable.
		In fact, if evolution were true, the only thing that can be scientifically shown is that huge gaps still exist in the fossil record.
	sci.uncletom2000.com /factfict.htm (5058 words)

	Law Firm Business Center
		Today, law firms have a unique opportunity to tap into one of the fastest growing consumer segments in the U.S. marketplace - the Hispanic population.
		Three labor and employment lawyers from the law firm of Coffman, Coleman, Andrews & Grogran have joined the law firm of Fowler White Boggs Banker in its Jacksonville office.
		When I ask clients what their biggest challenge in business development is, they commonly say, "Asking for business." And yet, when they are trying to land a new client, they forget about the "asking" part and focus on the "pitching" part.
	practice.findlaw.com (529 words)

	U.S. v. Microsoft: Court's Findings of Fact
		One reason for this is the fact that no single type of information appliance, nor even all types in the aggregate, provides all of the features that most consumers have come to rely on in their PC systems and in the applications that run on them.
		The fact that a vastly larger number of applications are written for Windows than for other PC operating systems attracts consumers to Windows, because it reassures them that their interests will be met as long as they use Microsoft's product.
		In fact, although the discussions ended before Microsoft was compelled to demarcate precisely where the boundary between its platform and Netscape's applications would lie, it is unclear whether Netscape's acceptance of Microsoft's proposal would have left the firm with even the ability to survive as an independent business.
	www.usdoj.gov /atr/cases/f3800/msjudgex.htm (17828 words)

	Legal Definitions of Matter Of Fact, Matter Of Law, Matter Of Record
		MATTER OF FACT - Matter which goes in denial of a declaration, and not in avoidance of it.
		MATTER OF LAW - That which goes in avoidance of a declaration or other pleading, on the ground that the law does not authorize them.
		Matter of law, is that which is referred to the decision of the court; matter of fact that which is submitted to the jury.
	www.lectlaw.com /def2/m095.htm (166 words)

	Law provides free credit reports -- but not yet
		But most major provisions in the sprawling new law, which carves national credit reporting standards into stone and beefs up consumer protections against identity theft, won't take effect for quite a while.
		Under the law, the Federal Trade Commission has six months to write the regulations for distributing free credit reports and credit bureaus have another six months to comply with the new rules.
		Regulators have proposed an effective date of Dec. 1, 2004, for several sections of the new law.
	www.bankrate.com /brm/news/cc/20031223a1.asp (428 words)

	Is Evolution a Theory, a Fact, Or a Law? -- Or, None of the Above? by David Menton
		This law, first formulated by Isaac Newton, a believing Christian and creationist, is a mathematical equation that shows a relationship between mass, distance and gravitational force.
		So, in summary, a scientific fact is an observable natural occurrence; a scientific theory is an attempt to explain how a natural occurrence works; and a scientific law is a mathematical description of a natural occurrence.
		Still, the occurrence of evolution is widely believed by the scientific community to be a "fact" and those who dare to doubt it are not endured gladly.
	www.gennet.org /facts/metro04.html (1127 words)

	MADD Online: Law Enforcement Fact Sheet (Site not responding. Last check: 2007-11-01)
		Sobriety checkpoint: law enforcement evaluates drivers for signs of alcohol or drug impairment at certain points on the roadway.
		Primary seat belt laws increase usage rates for higher-risk drivers to a greater extent than the average driver.
		Passage of a primary enforcement seat belt law raises seat belt use by 9 to 14 percentage points.
	www.madd.org /stats/1,1056,6751,00.html (735 words)

	NEW RESTATEMENT REJECTS DICHOTOMY BETWEEN FACT, LAW FOR RESTITUTION
		In the law of restitution, the long-standing distinction between mistakes of law and fact is under attack.
		"Generally a voluntary payment made under a mistake or in ignorance of law, but with a full knowledge of all the facts, and not induced by any fraud or improper conduct on the part of the payee, cannot be recovered back.
		While the American Law Institute's 1937 Restatement of Restitution is frequently cited for the distinction, the current tentative draft of a new Restatement of Restitution and Unjust Enrichment (Third) eliminates it.
	www.hoeyfarina.com /HFDLaw/notebook/391.htm (829 words)

	[No title]
		If, in fact, we had not prevailed on the sustaining of the veto, I do not believe that tobacco would be where it is right now, where perhaps we will be having a global settlement by as early as the middle of next year.
		The law has been for a long period of time that regardless of whatever equities that father might have, he is denied visitation or a variety of other things, it does not change the fact that the State of Florida and the taxpayers had been obligated to fund the costs involved.
		In fact, a strong case can be made that unless the industry begins to assert itself more aggressively, it will become stylish not to smoke, and then we can expect industry sales to take their first significant reduction in a decade.
	www.law.fsu.edu /journals/lawreview/frames/254/tobatxt.html (22232 words)

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