FACT
Incident, act, event, or circumstance. A fact is
something that has already been done or an action
in process. It is an event that has definitely and
actually taken place, and is distinguishable from a
suspicion, innuendo, or supposition. A fact is a
truth as opposed to fiction or mistake.
A QUESTION OF FACT in litigation is con-
cerned with what actually took place. During a
trial, questions of fact are generally left for the
jury to determine after each opposing side has
presented its case. By contrast, a QUESTION OF
LAW is ordinarily decided by a judge, who must
deal with applicable legal rules and principles
