fact in issue

The facts in issue may be briefly stated.

Under Florida law, "similar fact evidence of other crimes, wrongs or acts is admissible when relevant to prove a material fact in issue."

If the defendant states he was wrongly convicted, he puts that fact in issue in the civil proceedings.

The polygraph "expert" sought to express an opinion as to ultimate facts in issue, which is peculiarly the province of the jury.

Second, the scientific knowledge must assist the trier of fact in understanding the evidence or determining a fact in issue in the case.

The case for staying was particularly strong in that the tapes may have recorded not merely circumstantial evidence but some of the facts in issue in the case.

Real evidence, material evidence or physical evidence is any material object, introduced in a trial, intended to prove a fact in issue based on its demonstrable physical characteristics.

It must relate directly to the facts in issue in a case or be relevant to those facts in that it tends to prove or disprove them in some way.

For this reason it may be unwise to rely on hearsay evidence, particularly in contested proceedings, where it is possible to call a witness to give direct evidence of the facts in issue.

If the matter had arisen outside of England (i.e. a foreign locality), the legal fictions employed in transitory actions were not applicable, and so jury could be summoned to try the facts in issue.

And that, he added, means determining "whether the reasoning or methodology underlying the testimony is scientifically valid" and "whether that reasoning or methodology can properly be applied to the facts in issue."

Evidence was relevant if it was in some way logically connected with the matters in dispute or if it was consistent with, or inconsistent with, or gave rise to a logical inference from, the facts in issue.

"If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise."

Evidential burden has been described as the obligation "to show, if called upon to do so, that there is sufficient evidence to raise an issue as to the existence or non-existence of a fact in issue, due regard being had to the standard of proof demanded of the party under such obligation".