- Ultimate Fact
The ultimate fact is, in
law , theconclusion (or conclusions) of factualevidence made by ajury afterdeliberation .One common definition is "in a trial, a conclusion of fact which is logically deduced from evidence...." [ [http://dictionary.law.com/default2.asp?selected=2179&bold=%7C%7C%7C%7C Law.com dictionary] ] [ [http://legal-dictionary.thefreedictionary.com/ultimate+fact Legal-Dictionary.com] ] It is "the conclusion arrived during a trial based on the evidentiary facts." [ [http://www.legal-explanations.com/definitions/ultimate-fact.htm Legal-explanations.com] ]
An example would be the conclusion that somebody was
liable fornegligence because he sped, drove over a double line, skidded and lost control of his car. ["Supra", at [http://dictionary.law.com/default2.asp?selected=2179&bold=%7C%7C%7C%7C] and [http://legal-dictionary.thefreedictionary.com/ultimate+fact] .] The jury can make out the ultimate fact when a man enters his apartment, a woman screams from inside, and the police find the man inside the apartment with his gun in his hand standing over his dead wife, that he murdered her. ["Supra", at [http://www.legal-explanations.com/definitions/ultimate-fact.htm Legal-explanations.com] ]A classic case, under
New York law, was "People v. Murphy". ["People v Murphy", 235 A.D.2d 933, 654 N.Y.S.2d 187 (3rd Dept 1997).] In that case, the defendant [Colin Murphy, see [http://nysdocslookup.docs.state.ny.us/GCA00P00/WIQ3/WINQ130 NYS Department of Correctional Services Inmate Lookup] ] was rebuffed by hisdrug dealer 's girlfriend and her sister, he invaded their apartment, sought and found a hammer, and hit each of threefemale s (the pregnant girlfriend, her sister and her niece) with the claw end of the hammer, several times, on their heads. The ultimate fact decided by the jury was that he intended to kill all three of them. (He only succeeding in killing the girlfriend. The boyfriend returned from an overnight incarceration, rescuing the survivors. Their baby was delivered bycaesarian section , the sister and her daughter also survived.) ["Id." 235 A.D.2d 933, 654 N.Y.S.2d 187.] For further discussion of this case, see the references noted. [ [http://www.correctionhistory.org/northcountry/html/knowlaw/recklessdepravedassault3.htm Know the Law: Reckless Depraved Assault 1st ] ]References
ee also
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Evidence
*Jury instructions
*Trier of fact
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