Competent fact-finding must describe events without using the legal terms at issue

Evidence

It will be observed that if this job is to be done as a distinct one, without question-begging, the relevantjcbaracteriaticaugat. be identified without using any of the teims uApL ia the.ganea.lpropQstjgJU eDlied - without saying, that is, “This is a house”, or “this is a lottery”. This is a cardinal principal of lawyerlike fact-finding. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 111

Categorization

  • DEFINE: States the cardinal principle of lawyerlike fact-finding: describe events in non-conclusive terms to avoid begging the legal question.
  • XREF: connects to: Whether a question is law or fact is really a policy choice in disguise — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 127; Getting historical facts right is necessary but insufficient without interpretation. — Eddie S. Glaude Jr., Begin Again: James Baldwin’s America…, 268; Facts must be discovered through observation rather than logical deduction alone. — Bertrand Russell, History of Western Philosophy, 2114 (+1 more)

Broader Connections