Also known as: substantive fact · material facts
Written by attorneys · grounded in primary & secondary sources — see below
The facts concerning the underlying dispute or transaction in a legal matter. These facts describe the parties, events, and conduct that give rise to the claim or defense.
Sofia Stern, a director of Summit Bank, learned of a real estate development opportunity through bank channels. Before committing personally, Sofia disclosed to the board all details about the property location, financing terms, and expected returns. The board then voted to disclaim the bank's interest after reviewing those facts.
Samuel Soto represented a client seeking an emergency injunction against Sapphire Holdings. In the ex parte hearing, Samuel informed the judge of the client's prior failed attempts to contact the defendant and the exact timing of the alleged breach. The judge used those facts to decide whether immediate relief was warranted.
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Sabrina Shah and Santiago Sanchez formed Solstice Ventures as equal partners. Sabrina proposed selling partnership equipment to her own company at a below-market price. After full disclosure of the equipment's condition, purchase history, and appraisal value, both partners voted to approve the sale.
Sophia Singh served as trustee of a trust benefiting Stonehaven Properties. The beneficiary signed a release waiving claims over an earlier sale of trust land. At the time of signing, the beneficiary lacked knowledge of the sale price, the appraisal, and the trustee's relationship with the buyer.
Samantha Stone requested quarterly account statements from the trustee of a family trust. The trustee responded with only a summary balance sheet that omitted distributions to other beneficiaries and the fees charged to the trust. The omission left Samantha unable to evaluate whether the trust was being administered properly.
Sofia Stern sued Summit Bank for breach of a loan agreement. Summit moved for summary judgment and attached the signed note, payment history, and default notices. Sofia's opposition cited no affidavits or documents contradicting the payment record or the default date.
Substantive facts describe the parties, events, and conduct that created the underlying dispute. Procedural facts describe how the case moved through the courts, such as motions filed or rulings issued.
Supporting sources
The rule requires disclosure of every known fact that will allow the tribunal to decide the matter fairly, including facts that hurt the client's position.
Partners may ratify after receiving complete information about the transaction, including all facts that would influence their decision to approve it.
A release is ineffective if the beneficiary did not know the material facts about the breach or the beneficiary's own rights at the time of signing.
A trustee must supply information about trust administration and the facts needed for beneficiaries to protect their interests, and must respond promptly to reasonable requests.
…over respondent the Texas courts erred in refusing to give its judgment full faith and credit. 28 U. S. C. § 1738. The material facts are relatively simple. In 1944, Lowell Franklin, a resident of California, purchased a life insurance policy from the Empire Mutual Insurance Company, an Arizona corporation. In 1948 the…