Also known as: facts in issue · issue of fact
Written by attorneys · grounded in primary & secondary sources — see below
A disputed fact that the trier of fact must resolve to decide the case.
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Forrest Falconer sued Fairfield Bank after herbicide from a neighboring field destroyed his organic crops. A lay witness who observed the spray and wind conditions offered an opinion that the damage resulted from drift. The court admitted the opinion because it would help the jury determine the fact in issue of causation.
Frank Fisher sued Fulton Shipping after a bus crash. In closing argument the defense lawyer stated he had personally driven the route and knew the bus could not have reached the claimed speed. The court granted a new trial because the lawyer asserted personal knowledge of a fact in issue without testifying as a witness.
Felicity French sued Freeman Engineering claiming misrepresented network capacity caused dropped calls. An engineer with only small-business Wi-Fi experience offered opinions on nationwide cellular performance. The court excluded the testimony because the specialized knowledge would not help the jury determine the fact in issue of causation.
Fiona Foster sued Falcon Dynamics alleging a drug caused birth defects. Plaintiffs offered expert testimony on chemical mechanisms. The court evaluated whether the testimony would assist the jury in determining the fact in issue of causation before admitting it.
Francesca Fiore sued a newspaper for defamation. The parties disputed whether the article was published with actual malice. The court denied summary judgment because the evidence created a genuine issue on that fact in issue for the jury.
Faye Fuller faced delinquency charges. The court required proof beyond a reasonable doubt on every fact in issue before adjudicating her guilty.
Lay opinion testimony helps determine a fact in issue when it is rationally based on the witness's perception and clarifies the significance of observed facts for the jury without relying on specialized knowledge.
Supporting sources
A lawyer violates the rule by stating in closing argument that the lawyer personally knows a disputed fact such as road conditions or speeds when the lawyer is not testifying as a witness.
Supporting sources
Rule 702(a) requires the proponent to show it is more likely than not that the expert's specialized knowledge will help the trier of fact determine a fact in issue such as causation.
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…is indispensable, for it "impresses on the trier of fact the necessity of reaching a subjective state of certitude of the facts in issue." Dorsen & Rezneck, In Re Gault and the Future of Juvenile Law, 1 Family Law Quarterly, No. 4, pp. 1, 26 (1967). Moreover, use of the reasonable-doubt standard is indispensable to command…