Correct option is C
Facts in issue are those facts which are asserted by one party in a legal proceeding and denied by the other. These facts form the crux of the dispute that the court must decide. They are directly related to the legal rights and obligations of the parties involved and are crucial for determining the outcome of the case. The term "facts in issue" is significant because it identifies the core matters that the court needs to resolve through the evidence presented by both parties.
Information Booster "Facts in issue" are a fundamental concept in the law of evidence. They are the primary facts that are under dispute in a legal case, and their determination by the court directly affects the outcome of the case. The court’s role is to determine whether the facts in issue are true or false, based on the evidence presented. For example, in a murder trial, the fact that the accused committed the murder would be a fact in issue.
Facts in issue must be distinguished from other types of facts in a case, such as relevant facts or collateral facts. The determination of facts in issue is a key part of the judicial process, and it is these facts that ultimately lead to the resolution of the case.
Additional Knowledge (a)
Negative facts: These are facts that assert the non-existence or absence of something. For example, "The defendant did not enter the building" is a negative fact. In the context of a legal dispute, negative facts may be raised by one party to counter an assertion made by the other. However, negative facts are not necessarily "facts in issue" unless they directly impact the resolution of the case.
(b)
Relevant facts: These are facts that are related to the facts in issue and help establish the truth or falsity of those facts. Relevant facts are admissible in court because they make the existence of facts in issue more or less probable. For example, in a case where the identity of a suspect is in issue, relevant facts might include the suspect's fingerprints found at the scene or eyewitness testimony placing the suspect at the scene. Relevant facts support or contradict the facts in issue but are not themselves the primary facts that the court must resolve.
(d)
Positive facts: These are facts that affirm the existence or occurrence of something. For example, "The defendant was seen entering the building" is a positive fact. Positive facts are often contrasted with negative facts. In a legal case, positive facts might be asserted by one party to establish their claim or defense. However, like negative facts, positive facts are not necessarily "facts in issue" unless they are directly contested by the other party and are crucial to the case's outcome.
