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The document is a legal ruling from the New York State Supreme Court regarding a divorce case. It outlines the findings of fact and conclusions of law based on the evidence presented by both parties. Key points include the residency requirements, marriage details, absence of prior divorce decrees, grounds for divorce such as cruel and inhuman treatment or abandonment, child custody arrangements, and financial obligations like child support and maintenance. The document concludes with the court's determination that one party is entitled to a judgment of divorce.

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What is the difference between a finding of fact and a conclusion of law?

Conclusions of fact receive deferential treatment on appeal , and an appellate court will only overturn a conclusion of fact if the trier of fact obviously made an error. This is to be contrasted with a conclusion of law which will receive higher scrutiny.

What is an example of findings of fact?

When there is disagreement about the facts of a case, the judge or jury determines what the facts are by making findings of fact. The findings of fact for example, that the light was red, not green as the plaintiff alleges must be supported by evidence in the record.

What are the findings of fact and conclusions of law in a divorce case?

Findings of Fact are the Courts written determination of the facts made from the evidence presented at the divorce trial. This section explains the facts the judge found to be true. Conclusions of Law are the rulings of law made by the judge based on, or in connection with, the Findings of Fact.

What is an example example of fact?

Examples of fact statements Your heart pumps blood through your body. Africa is a continent. There are more men than women in the world. The leaves of growing plants are usually green.

What are examples of conclusions of law?

The defendant is guilty of is a legal conclusion because it expresses a legal result without including the facts that support the guilt. The plaintiff has a right to compensation is another example of a legal conclusion because it expresses a legal duty without including the facts that create the duty.

sample proposed findings of fact and conclusions of law

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What does a finding of fact mean?

A finding of fact, also known as a conclusion of fact , refers to decisions made by the trier of fact on questions of fact in a case. Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are.

What is an example for fact finding study called?

Survey is a fact finding study. It is a method of research involving collection of data directly from a population or sample thereof at particular time.

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