Friday, June 24, 2011

Facts VS Opinions or Inference

Fact
A fact is an established truth, something that is evident, clearly seen, indisputable, beyond doubt.
This term is widely misused by lawyers today, perhaps because some lawyers are more intent on winning their cases than sticking closely to the truth. 
Facts are facts ... not guesses, hunches, beliefs, opinions, inferences, or suppositions. 
It may be a fact that someone has an opinion, for example, but the opinion itself is only an opinion, not a fact ... regardless of the education or stature of the person who holds the opinion. Facts exist. Facts are real. Facts are not fanciful constructions of the mind. Facts are facts. Like Jack Webb used to say as Joe Friday on the "Dragnet" TV series, "We just want the facts, ma’am." Today’s courts are perhaps too inundated by outrageous performances by which lawyers seek to lead juries to believe hypotheses based solely on opinions, circumstances, or unsupported legal rhetoric and courtroom drama. Facts should be the bedrock of American justice. Facts and facts alone.
Truth
Truth is that which is. Truth includes what was and what is yet to be. Truth is the sum of all facts. Truth is not subject to interpretation or opinion though, certainly, there is no shortage of human views of what is truth and what truth is not. In spite of all opinion, truth is not subject to human views. Truth exists even where no human ever ventured. Truth was in the beginning and will endure beyond the end.
  • No false thing is ever true.
  • No truth is ever false.
  • Truth is the litigant’s most powerful tool. Cling to it. Insist upon it in your lawsuit. Demand it from your adversaries, and compel the court to permit no deviations.
  • Lawsuits should be decided solely upon the merits of the law and facts.
  • No lie has any place in the deliberations of justice.
  • Let truth alone guide our courts.
That which can be clearly seen, plain, apparent, obvious. This word is the root of evidence, q.v.
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Inference
A conclusion that reasonably can be drawn from a particular fact or set of facts. In all cases that involve circumstantial evidence, inferences are drawn from direct facts that support the inference and from which facts no reasonable contrary inference can be drawn. Inferences in a court of law should not be fanciful, improbable, nor rely on other inferences. For more, see circumstantial evidence.
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May you find Strength in Your Higher Power,
 GranPa Chuck
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