LAW FOUNDATION

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• Second level • Judiciary Aspirants
• Third level • CLAT Aspirants (Legal Aptitude)
• LLB Students
• Fourth level
• Fifth level

IEA-05
Fact in issue
& Relevant Facts
SHIVANI SOLANKI
5/23/2023 PRESENTATION TITLE 1
 Daily Targets
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1 Fact
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2• Second level
Relevant
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3 Fact in issue
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4 Difference between relevant fact & fact in issue

5/23/2023 PRESENTATION TITLE 2

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5/23/2023 PRESENTATION TITLE 3

 Illustrations of Fact
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(a)That there are certain objects arranged in a certain
order in a certain place, is a fact.
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(b)That level
a man heard or saw something, is a fact.
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(c)That a man• said certain
Fifth level words, is a fact.

(d)That a man holds a certain opinion, has a certain

intention, acts in good faith or fraudulently, or uses a
particular word in a particular sense, or is or was at a
specified time conscious of a particular sensation, is
a fact.

(e)That a man has a certain reputation, is a fact.

5/23/2023 PRESENTATION TITLE 4
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5/23/2023 PRESENTATION TITLE 5

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5/23/2023 PRESENTATION TITLE 6

 CRIMINAL CASE
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A
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5/23/2023 PRESENTATION TITLE 7

 CIVIL CASE
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B
A
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5/23/2023 PRESENTATION TITLE 8

 Illustrations of Fact in Issue
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A is accused of the murder of B. At his trial the
following facts may be in issue:––
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1.•Second
That level B’s death
A caused
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2. That A intended to cause B’s death
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3. That A had received
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from B
4. That A, at the time of doing the act which caused B’s
death, was, by reason of unsoundness of mind,
incapable of knowing its nature.

5/23/2023 PRESENTATION TITLE 9

 Basis Relevant Fact Fact in Issue
Nature of Fact It is the evidentiary fact Arises out of issues/charges
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editprobandi)
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(Factum probantia)
These facts are not in issue
Essentiality These are facts which are
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themselves textarestyles
very matters which are in dispute
essential in deciding the affirmed by one party and
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dispute. denied by the other party
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Value It merely renders probability They are facts out of which
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to the levelexistence or non- some legal rights, liability/
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existence of the right or disability can arise and upon
liability. which the court formulates its
opinion
Relation with It is a fact so connected with a fact in issue is a question of
Substantive the facts to prove or disprove law which will be determined by
Law facts in issue. the substantive or procedural
law
Example A sets a plea of an alibi that Whether A caused B’s death?
at the time of the occurrence
of the crime he was in
5/23/2023 Mumbai PRESENTATION TITLE 10
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5/23/2023 PRESENTATION TITLE 11

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5/23/2023 PRESENTATION TITLE 12