Page 2 sur 2

MessagePosté: Jeu 13 Déc 2007 11:50
de Nemo auditur
Findings of facts = appréciation des faits.

Définition du Legal Dictionary (law.com)
finding
n. the determination of a factual question vital (contributing) to a decision in a case by the trier of fact (jury or judge sitting without a jury) after a trial of a lawsuit, often referred to as findings of fact. A finding of fact is distinguished from a conclusion of law which is determined by the judge as the sole legal expert. Findings of fact and conclusions of law, need not be made if waived or not requested by the trial attorneys, leaving just the bare judgment in the case.
See also: conclusion of law


Un Tribunal doit se prononcer sur l'appréciation des faits.

Ex : le Tribunal estime qu'au vu des témoignages et des preuves apportées que M.X conduisait bien une Ford bleue, le 12 septembre 2007 à 12h30.

MessagePosté: Jeu 13 Déc 2007 11:53
de Nemo auditur
conclusion of law
n. a judge's final decision on a question of law which has been raised in a trial or a court hearing, particularly those issues which are vital to reaching a statement. These may be presented orally by the judge in open court, but are often contained in a written judgment in support of his/her judgment such as an award of damages or denial of a petition. In most cases either party is entitled to written conclusions of law if requested.