Legal Definitions - foundational fact

A foundational fact is a fact that serves as the basis for other facts or legal decisions. It is a fact that is necessary to establish before other facts can be considered. For example, in a trial, the foundational fact might be whether a defendant was present at the scene of a crime. This fact must be established before other facts, such as whether the defendant committed the crime, can be considered.

Another example of a foundational fact is in insurance. A foundational fact might be whether a person has a pre-existing medical condition. This fact is necessary to determine the risk and the premium for the insurance policy.