Findings Of Fact And Conclusions Of Law

Question: Findings, Of Fact and Conclusions of Law - What does this mean when it is filed on a Superior Court case? This case has gone to trial and concluded with a hung jury. Pierce County, Tacoma, WA. This case has gone to trial and concluded with a hung jury. The defendant is being charged with felony charges. Pierce County, Tacoma, WA.

Answer: Findings of Fact are the basically the details fo the case. The undisputed details like On this date, the complaint was filed. On this date, the objections to filing was filed. Basically, the progression and details fo the case. Whereas, the conclusions of law were the opinions on how the laws were being applied to this case. For example, there is a law, which may or may not apply to the defense. The superior court judges decide if it applies or not, which is the conclusion of law.

Question: Findings of Fact and Conclusions of Law...? I am currently appealing a custody modification. In filing a FFCOL, is it required to present findings&conclusions you want the judge to answer? I filed a simple "Respondent hereby requests..." request for ffcol. I didn't include anything other than the request. Is the opposing counsel the one who files a statement of facts? There is no statement of why the court ruled as they did. I've checked the Tx Rules of Civil Procedure, and the local rules for the district court. The judgment does not specify why the court ruled the way they did. In fact, there is NO basis for the ruling[well, except that petitioners counsel was the d.a.'s daughter-in-law, and so it goes...]. I filed a request for FFCOL, as i *thought* it would require the judge to state why he ruled as he did. My question is, am I required to provide anything other than a basic request? I wish I could get an attorney. I was dragged back into court THREE MONTHS after the initial hearing, and that drained $10,000. I just don't have the money. I make too much for legal aid, too. Either way I still have appealable matter with the post trial motion[which was impeccable, btw]. I can just trim my brief further, which should make the appellate court happy : D

Answer: You question leaves out too many facts for anyone to give you any type of credible response. The court where your case in pending will have specific rules that pertain to the filing you are asking about. Many times the hearing master or judge will file the findings of fact and conclusions of law. If they asked you to do that, you will have to come up with the facts that were discussed at the hearing as well as the conclusions that were made. You might ask the clerk of the court for a copy of the minutes, which may contain exactly what you need. Try searching for the court's rules on Yahoo or Google. The court may have a website with a link to the rules. Because you are now appealing a decision, the findings of fact and conclusions of law should be a matter of record. Perhaps you just need to request a copy from the clerk of the court, then you can file your appeal statement with that copy of the FFCOL. In all honesty, it sounds like you are in way over your head. Your best option will be to consult with a lawyer in your area. Good luck! I got your message and see the details above. Now I really can't answer your question, because I have no idea. I hope you find what you are looking for.

Question: Should findings of fact carry the same weight as conclusions by law? This goes back to Microsofts case where the law wasn't an issue but the facts that the brower is separate from the OS. The judge decided based on the facts, not the law (Sherman Antitrust). I suppose that as as we become more complex, more of these "fact" cases will appear and give power to judges to decide awards and overturn votes like they did in California. Will the legislatures sit by and watch ther power errode or will they stand up to judges writing the facts based on their opinion and not the law itself?

Answer: You need a basic course in Anglo-American jurisprudence, not just the rants you hear on TV. The power to decide the facts of a controversy lies in the trier of fact in a judicial proceeding. That is the jury in a jury trial or the judge in a court trial. Determination of facts is neither a legislative or an executive function. Any change in that would take a constitutional change so monumental as to be a complete restructuring of governmental principles in existence for over 400 years. Findings of fact carry MORE weight than conclusions of law, since a reviewing court must accept any findings of fact supported by substantial evidence, but can redetermine the law for itself.

Question: do lawyers file a finding of fact and conclusion of law?...? My friend is in a custody battle in wa against a 3rd party, their was atrial, the other party now says they won and have the papers of how much support she will pay, etc, she has not rcvd the papers, and she is from the philipines and doesnt understand the law, her lawyer said it may be papers the other party is proposing and tryinf to scare her with. the last things wrote on the case summary online were : 28 06-10-2009 NJTRIAL JDG0049 Non-jury Trial Judge xxx xxx, Dept 49 - 06-10-2009 AUDIO Audio Log Dr 3b 129 07-17-2009 SEALFN Sealed Financial Document(s) 130 07-21-2009 ORS Order For Support 133 07-21-2009 FNFCL Findings Of Fact&conclusions Of Law 134 07-21-2009 CSW Child Support Worksheet does that mean she lost and that the case is over?....or could these be papers filed by a lawyer not the judge? so confused....

Answer: Ok, first... James is correct in that it's a common practice for parties to submit proposed orders along with a motion for the court's consideration. However, I'm absolutely certain that's not the case here. In most case management software/case docket entries, theyll appear as a proposed order rather than an order. If it's listed as an order, nine times out of ten it'll be the actual order as signed by the court. Additionally, the fact that there's a finding of fact and conclusion of law filed (which is only entered by the judge), makes it definite that your friends case has been resolved by the court.

Question: How do I find a written decision from an Adminstrative Law Judge for an aviation matter? I am working on a paper for school, and need to find out how to locate written decisions from Administrative Law Judges for the FAA or NTSB. Some key words often contained in the decisions are "Findings of Fact" and "Conclusions of Law." The paper is written on a case from a judges point of view, and I need to know what format the decisions are usually put in.

Answer: FAA ALJ decisions are available in the reporter, "Clark Boardman Callaghan’s Federal Aviation Decisions" and decisions are also available through LEXIS and WestLaw. You may also want to search the FAA's website library, http://www.faa.gov/library/ I would suggest using LEXIS, http://www.lexis.com/ unless you have access to a good law library. As a student, if you don't already have a password, you can request access to LEXIS or Westlaw through your school's library. Good luck!

Question: what are my rights to property within the home. and what is a petition for regress. and how do i get one.? do i have a legal right to property in our apartment that was bought during our marriage. even though my wife filed proposed marital settelment agreement findings of fact, conclusion of law proof of service affidavit of non military service petitioner financial statement all of these papers were filed without my knowledge nor my signature. i have no idea of her financial status as of now nor do i know what was written on these other papers. i am totally in the dark on this and i feel as though she is trying to do something behind my back and totally walk away with everything that i worked so hard to get in the marriage. i have no problem in sharing the property, but i feel that she is not entitiled to it all. can she do this. is this legal. and what can i do .can't afford a lawyer and i think she knows that.

Answer: You need to seek legal counsel by requesting pro bono. They might take you case for free..

Question: Does this information mean I have to be out of my house by Nov 21? Below are the court proceedings on my forclosure of my home in Wisconsin. I am assuming I need to be out or sell the house by 11/21. Is this correct? I can not seem to get a straight answer from anyone. I hired a loss mitigation company (1500 dollars). they took my money and never helped me save my home. In fact they sat on my case for three months and now they want (the mortgage co) 6000 down and 2500 a month payments. 05-21-2007 Motion hearing Foley-14, Christopher R. Off the Record Additional Text: JUNE TEEGUARDEN, COURT REPORTER Plaintiff appears by Attorney Chad Kowalewski. No appearance by defendants. Plaintiff's motion for Default Judgment of Foreclosure heard. Court grants motion. Redemption period set at six (6) months. Right to deficiency waived. Filed, signed Findings of Fact, Conclusions of Law and Judgment. so I hired the loss mitigation company before the court date. I was advised by them that I didn't have to go because they would have this settled in two months. The motgage company told me today there is no sell date as of today. That I can still neigoitate a payment plan. They want 6000 down and 2500 a month. If i dont agree to that, then I lose the house. I am so confused. Between the Loss Mitigation company (who got 1500 for doing nothing) and the mortgage company and now all this information, I don't know who to believe. But I did find a place to move to. A rental house. I will be moving out by 11/1 but I would still like to sell my home.

Answer: Bobo: It makes me sick to hear stories like this. I provide loss mintigation services to, but I do not charge the home owner I make my money by short selling the house. I don't know the law in WI but the process is pretty much the same everywhere. In absentia (you didn't show up for the oral hearing) the court has found in favor of the plaintiff (your lender) for a default judgement The judgement should be for the amount of the loan plus fees. You should be at least 3 months behind in your mortgage payments or more at this time. The redemption period is a period of time in which, if you bring the loan current including all court costs and other fees, you could get the house back. If not, a date will be set in which your home is sold at a sheriffs sale or foreclosure auction. The home is yours up to the date of the sale. Even though your not paying you could stay there until that day. They have to post the sale in a local newspaper at least 3 times over 3 weeks prior to the sale, so you'll know when the date of the sale is. "Right to deficiency waived" means they will not sell it for less than what is owned on it and come after you for the difference. If you can find a legitimate local real estate investor they could possibly do a short sale which will help save your credit. Contact your state chapter of the NREIA (National Real Estate Investors Assn). Here is the web address for a group in Milwaukee - www.milwaukeering.com. If you can't get an investor to do a short sale, talk to your lender about a "deed in lieu of forclosure". This is like a voluntary repossesion. They may be apt to do this but you'll have to demonstrate some sort of hardship. Physical, financial, home needs too many repairs, etc. Feel free to email me with any questions. I am not an attorney but I work with folks like yourself everyday. I like to give back to the world and I like to let folks know that there are legitimate companies out there that can and will help out and not try to scam someone at one of their darkest moments. Good luck and God bless you.

Question: Hmm. One more try.... Can I withdraw my guilty plea because it wasn't made in open court. Thnks for feedback!? This is what the law says in Montana on the issue: Maybe I need to research what "open court" is defined as by the Mt Supreme Court? 46-17-203. Plea of guilty -- use of two-way electronic audio-video communication. (1) Before or during trial, a plea of guilty or nolo contendere may be accepted when: (a) subject to the provisions of subsection (3), the defendant enters a plea of guilty or nolo contendere in open court; and (b) the court has informed the defendant of the consequences of the plea and of the maximum penalty provided by law that may be imposed upon acceptance of the plea. (2) (a) Subject to subsection (2)(b), a plea of guilty or nolo contendere in a justice's court, city court, or other court of limited jurisdiction waives the right of trial de novo in district court. A defendant must be informed of the waiver before the plea is accepted, and the justice or judge shall question the defendant to ensure that the plea and waiver are entered voluntarily. (b) A defendant who claims that a plea of guilty or nolo contendere was not entered voluntarily may move to withdraw the plea. If the motion to withdraw is denied, the defendant may, within 90 days of the denial of the motion, appeal the denial of a motion to withdraw the plea to district court. The district court may order the office of state public defender, provided for in 47-1-201, to assign counsel pursuant to the Montana Public Defender Act, Title 47, chapter 1, hold a hearing, and enter appropriate findings of fact, conclusions of law, and a decision affirming or reversing the denial of the defendant's motion to withdraw the plea by the court of limited jurisdiction. The district court may remand the case, or the defendant may appeal the decision of the district court. (3) For purposes of this section, in cases in which the defendant is charged with a misdemeanor offense, an entry of a plea of guilty or nolo contendere through the use of two-way electronic audio-video communication, allowing all of the participants to be observed and heard in the courtroom by all present, is considered to be an entry of a plea of guilty or nolo contendere in open court. Audio-video communication may be used if neither party objects and the court agrees to its use. The audio-video communication must operate as provided in 46-12-201.

Answer: Does this even apply? Wasn't your charge akin to a traffic offense that you can plead guilty to by mail? In any case, like I said, withdrawing a guilty plea is pretty much impossible, and for good reason, open court or not. The more important terms to me in this section, assuming any of it applies at all which is not clear, is that you entered your plea voluntarily. This was all covered in ample detail (albeit in another state) in the Senator Craig case I mentioned. Can you at least do us a favor and research that? Isn't it easier and wiser to let it go and move on than fixate on what you can't and won't change anyway? Or else, at least is it time yet to realize you need a lawyer to represent you to achieve the best chance for the outcome you desire?

Question: Now that Palin has been found guilty of corruption, has your vote CHANGE-d? http://www.cnn.com/2008/POLITICS/10/10/palin.investigation/index.html ANCHORAGE, Alaska (CNN) -- Republican vice presidential nominee Sarah Palin abused her power as Alaska's governor and violated state ethics law by trying to get her ex-brother-in-law fired from the state police, a state investigator's report concluded Friday. Alaska Gov. Sarah Palin is under investigation for the firing of her public safety commissioner. Alaska Gov. Sarah Palin is under investigation for the firing of her public safety commissioner. "Gov. Palin knowingly permitted a situation to continue where impermissible pressure was placed on several subordinates in order to advance a personal agenda," the report states. Public Safety Commissioner Walt Monegan's refusal to fire State Trooper Mike Wooten from the state police force was "likely a contributing factor" to Monegan's July dismissal, but Palin had the authority as governor to fire him, the report by former Anchorage prosecutor Stephen Branchflower states. However, it states that her efforts to get Wooten fired broke a state ethics law that bars public officials from pursuing personal interest through official action. Monegan has said he was fired in July after refusing pressure to sack Wooten, who had gone through an acrimonious divorce and custody battle with Palin's sister. View a timeline of the investigation » Palin and her husband, Todd, have consistently denied wrongdoing, describing Wooten as a "rogue trooper" who had threatened their family -- allegations Branchflower discounted. Don't Miss * Read the report (PDF) * Palin's husband testifies he never pressured official * Lawmakers defend Palin inquiry * Read Todd Palin's testimony in probe (PDF) "I conclude that such claims of fear were not bona fide and were offered to provide cover for the Palins' real motivation: to get Trooper Wooten fired for personal family reasons," Branchflower wrote. The Branchflower report states Todd Palin used his wife's office and its resources to press for Wooten's removal, and the governor "failed to act" to stop it. But because Todd Palin is not a state employee, the report makes no finding regarding his conduct. The bipartisan Legislative Council, which commissioned the investigation after Monegan was fired, unanimously adopted the 263-page public report after a marathon executive session Friday. About 1,000 more pages of documents compiled during the inquiry will remain confidential because they involve private personnel matters, according to the council's chairman, state Sen. Kim Elton. "I believe that these findings may help people come to a conclusion on how they should vote" in the presidential election, Elton said. McCain-Palin campaign spokeswoman Meg Stapleton said Palin would cooperate with the Personnel Board investigation. The Palins' lawyer has said an investigator named by that board wants to question them in late October. Stapleton called the investigation "a partisan-led inquiry" run by supporters of Democratic presidential candidate Sen. Barack Obama, but hailed its finding that Monegan's firing broke no law. "Gov. Palin was cleared of the allegation of an improper firing, which is what this investigation was approved to look into," she said. Stapleton went on to say that the Legislature exceeded its mandate in finding an ethics violation. "Lacking evidence to support the original Monegan allegation, the Legislative Council seriously overreached, making a tortured argument to find fault without basis in law or fact." Rep. John Coghill, a Republican who criticized the handling of the investigation, said it was "well-done professionally." He said Palin "bumped right against the edges" of the state's ethics laws but that he would give "the benefit of the doubt to the governor, though, at this point." Palin originally agreed to cooperate with the Legislative Council inquiry, and disclosed in August that her advisers had contacted Department of Public Safety officials nearly two dozen times regarding her ex-brother-in-law. But once she became Sen. John McCain's running mate, her advisers began painting the investigation as a weapon of Democratic partisans. Ahead of Friday's hearing, Palin supporters wearing clown costumes and carrying balloons denounced the probe as a "kangaroo court" and a "three-ring circus" led by supporters of Democratic presidential candidate Barack Obama. advertisement The state senator managing the probe, Sen. Hollis French, fueled those complaints with a September 2 interview in which he warned the inquiry could yield an "October Surprise" for the GOP. But Palin's lawyers already had begun pushing for the state Personnel Board to launch its own investigation, calling it the proper legal venue for the matter.

Answer: I love all the Republican responses here. It is the equivalent to putting your fingers in your ear and going "La la la la". Say goodbye to the crappy unregulated Capitalist free market. This is a good end to the day.

Question: Will Obama Get Away With His Crimes? just as Bush has? Are the representatives of America's wealthy-elites just too powerful to be brought to justice? Senate torture report confirms Bush, top officials guilty of war crimes By Bill Van Auken 13 December 2008 A report issued Thursday by the Senate Armed Services Committee has provided official and bipartisan confirmation that the infamous acts of torture carried out by US personnel at Abu Ghraib and Guantanamo were planned, ordered and orchestrated by the highest-ranking officials in the US government. Based on the Senate's own conclusions, those named in the document, including President George W. Bush, former Defense Secretary Donald Rumsfeld, and Secretary of State Condoleezza Rice, are guilty of war crimes. The key findings of the Senate panel's report on "Treatment of Detainees in US Custody" are summed up in the introduction to its 29-page executive summary: "The abuse of detainees in US custody cannot simply be attributed to the actions of ‘a few bad apples' acting on their own. The fact is that senior US officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees." http://www.wsws.org/articles/2008/dec200…

Answer: How many crimes has Georgie Dub-ya got away with.. Count all of the soilders who died in Iraq.. that should be the answer.