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engage them for an extended period (here)
Jun 28, 2009 16:33
14 yrs ago
101 viewers *
English term

statement of fact

English Law/Patents Law (general)
The early cases were about beliefs and opinions, which cannot be judged true or false. But what about statements of fact? If they include falsehoods, are they entitled to constitutional protection?
Responses
4 +3 Translate it literally
4 statement of knowledge or information based on real occurrences
4 "Assertions of fact"

Discussion

Gary D Jun 28, 2009:
Affidavit and statutory declaration Reading this It seems a "Statutory Declaration" is regarded as an "statement of fact" and is LESS legally binding than an Affidavit.
So to answer their Question, Maybe it doesn't need constitutional protection, as there is a higher form for legally binding facts.
http://www.legalaid.qld.gov.au/Legal Information/The justice...
An affidavit

An affidavit is a written form of evidence used in court proceedings. An affidavit sets out the facts as you remember them. In some legal matters, the evidence you want the court to hear about your matter must be in an affidavit (e.g. family law matters).
Statutory Declaration.
A statutory declaration is a statement of fact made by a declarant (the person making the declaration) conscientiously (or carefully) believed to be true.
It is affirmed by the declarant and not sworn.
Gary D Jun 28, 2009:
Affidavit Affidavit

An affidavit is a written statement of evidence which the witness has sworn or affirmed to be true. You will probably be asked to make an affidavit before you attend the Court.

An affidavit must include:

* your full name, address and occupation; and
* full details of your evidence.

A lawyer can help you make your affidavit but it must be in your own words. An affidavit must be sworn or affirmed before a person such as a justice of the peace or a legal practitioner.

Giving written evidence rather than oral evidence in the witness box, saves a lot of time.

Your original affidavit will be on the Court’s file and both parties will have copies. You may also have a copy.
http://www.fedcourt.gov.au/litigants/witnesses/affidavit.htm...
Jack Dunwell Jun 28, 2009:
"Statement of facts" per Blacks A party's written presentation of facts leading up to or surrounding a legal dispute, usu recited towards beginning of brief..Does this help at all?
flipendo (asker) Jun 28, 2009:
To MIke Mike, my question is not whether they are entitled to constitutional protection, but rather whether "statements of fact" should be translated literally or has an idiomatic meaning in this case. Thnx!
flipendo (asker) Jun 28, 2009:
To Yasutomo Then why not "statements of facts"?
flipendo (asker) Jun 28, 2009:
"One important issue, in applying the [First] Amendment [of the American Constitution] over many decades, was whether it gave any protection to false statements."
The previous paragraph is about Justice Hugo L. Black and the way he read the First Amendment.
It is not about a specific case.
Thank you
Michael Powers (PhD) Jun 28, 2009:
More detail For what jurisdiction? Who is offering these "statements of facts" and to whom, and under oath or not under oath? Many more details are needed before being to answer this question.

Responses

+3
3 hrs
Selected

Translate it literally

It sounds like the excerpt you provided is part of a discussion of cases dealing with freedom of speech. In the US, there's a line of First Amendment cases in which courts wrestled with the question of whether speech contained statements of opinion/belief or statements of fact.

If that's the distinction that's being drawn in your text, then "statements of fact" can just be translated literally. Here's a quote from the end of the Cornell cite, below: "There had been some indications that statements of opinion, unlike assertions of fact, are absolutely protected,153 but the Court held in Milkovich v. Lorain Journal Co.154 that there is no constitutional distinction between fact and opinion, hence no “wholesale defamation exemption” for any statement that can be labeled “opinion.”155 "
Reference:

http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution#Freedom_of_speech

http://www.law.cornell.edu/anncon/html/amdt1dfrag6_user.html

Note from asker:
Thank you very much for your contribution, Douglas. And by the way, I am a "she", Eleftheria (liberty) is my name! Thank you all for your time!
Peer comment(s):
agree Kim Metzger : This is an English monolingual question and the asker is looking for an explanation of "statement of fact", not a translation. /I see. Yes, as distinguished from statements of opinion.
1 hr
In the discussion section, he asks 'whether "statements of fact" should be translated literally or has an idiomatic meaning in this case.' Hopefully, the references and background I provided will help him decide :) // thanks
agree Tina Vonhof (X)
3 hrs
Thank you.
agree Vincentius Mariatmo : I'm agree with Douglas
10 hrs
Thank you. And sorry to Eleftheria for referring to you as "he." For some reason I read Flipendo as a male nickname...
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you very much for your precious time and contribution! It's been illuminating. "
12 mins

statement of knowledge or information based on real occurrences

The definition of fact is "Knowledge or information based on real occurrences". But falsehoods may be included sometimes. For example, if someone is arrested for murder, but nobody has seen that person committing murder; however circumstantial evidences show that he is most probably the culprit. However, due to DNA testing, he was found innocent. The fact is that murder occurred or was committed, by there is a real culprit out there. Then the accused who was later freed by DNA tests is entitled to constitutional protection.
Peer comment(s):
agree Gary D : A "Statutory Declaration is a statement of fact,
3 hrs
Thank you Gary
disagree Kim Metzger : Confusing explanation of "statement of fact". Falsehoods may be included?
7 hrs
Yes, since in the above it says "If they include falsehoods, are they entitled to constitutional protection?"
Something went wrong...
1 day 8 hrs

"Assertions of fact"

Untrue Assertion of Fact or Equivalent ( author's addition. ) To have misrepresentation, one of the parties must have made: 1. an untrue assertion of fact ...
www.csun.edu/~bz51361/gateway/fraud.pdf - Similares
#lang scribble/doc @(require scribble/manual scribblings/icons ... - [ Traducir esta página ]The following is an example of the assertion of list facts from the ancestors ... Returns a new assertion using @scheme[fact] and @scheme[reason] and the ...
planet.plt-scheme.org/package.../assertions.scrbl - En caché - Similares
LP: The assert command - [ Traducir esta página ]LP adds the asserted facts to its logical system. It assigns a name to each of these facts using the current name-prefix setting, unless an assertion begins ...
nms.lcs.mit.edu/larch/LP/commands/assert.html - En caché - Similares
[PDF] Assertion or Fact? - [ Traducir esta página ]Formato de archivo: PDF/Adobe Acrobat - Versión en HTML
assertion. Also, because facts cannot be disputed, they are regarded as stronger ... we must know how to use assertion and fact in the most effective way. ...
www.koreamosaic.net/elp/extras/general/AssertionOrFact.pdf - Similares
The arguments of the minority in Kearly clearly swayed the Law Commission .... In short, by deeming implied assertions of facts not to be hearsay if the ...
www.kevinboone.com/lawglos_ImpliedAssertion.html - En caché - Similares
tatsächlich > assertion of facts - [ Traducir esta página ]... to English translation of tatsächlich: assertion of facts [Law (general) (Law/Patents)]. ... Parties to a dispute either assert facts or legal opinion. ...
www.proz.com/.../law.../1362587-tatsächlich.html - En caché - Similares
Supreme Court Clarifies Doctrine of Assertion in Investment ... - [ Traducir esta página ]27 May 2008 ... Facts. Petrobart sought damages relying on the Law of the Kyrgyz ... of the doctrine of assertion stated by the Supreme Court did not ...
www.internationallawoffice.com/Newsletters/detail.aspx?g... - Similares
allegation: West's Encyclopedia of American Law (Full Article ... - [ Traducir esta página ]Assertion of fact in a Pleading. It is a statement of the issue that the ... of fact that you are prepared to prove; (law) a formal accusation against ...
www.answers.com/topic/allegation - En caché - Similares
[PDF] Assertion or Fact? - [ Traducir esta página ]Formato de archivo: PDF/Adobe Acrobat - Versión en HTML
Assertion. Fact. Presented as fact, but ? Five people were indicted last week accused of violating the National. Security Law, contacting North Ko- ...
www.koreamosaic.net/elp/extras/general/AssertionOrFact.pdf - Similares


Another option: Saludos :))

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