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. Findings of fact may be made by either a jury or a judge depending on whether the case is criminal or civil and/or if there is an agreement between the parties. These conclusions often dictate the outcome of a trial. Because questions of fact must be analyzed and decided, if there is a question of fact, a judge cannot enter a summary judgment until the factual dispute is resolved.
Trial courts are considered finders of facts and, therefore, their findings of fact are given a high degree of deference by the higher courts. On appeal, an appellate court will only overturn a conclusion of fact if the trier of fact’s decision was clearly erroneous. This is to be contrasted with a conclusion of law which will receive higher scrutiny.
[Last updated in December of 2022 by the Wex Definitions Team]