Legal Definitions - evaluative fact

Definition: An evaluative fact is a piece of information that is used to determine if an action was reasonable or negligent based on a rule of law.

For example, if a driver runs a red light and hits another car, the evaluative fact would be whether or not the driver had enough time to stop before entering the intersection. This fact would be plugged into the rule of law to determine if the driver was negligent or not.

Another example would be if a doctor prescribes a medication that has known side effects, the evaluative fact would be whether or not the doctor properly informed the patient of the potential risks and benefits of the medication. This fact would be used to determine if the doctor acted reasonably or negligently.

These examples illustrate how evaluative facts are used to determine if an action was reasonable or negligent based on a rule of law.