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Legal Definitions - legislative fact

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A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.

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Definition of legislative fact

Definition: A legislative fact is a fact that explains the reasoning behind a particular law and helps a court or agency determine the law's content and application. These facts are not specific to the parties in a proceeding.

Example: Let's say there is a law that prohibits smoking in public places. A legislative fact in this case could be that secondhand smoke is harmful to people's health and that the law is intended to protect the public from this harm. This fact helps the court or agency understand the purpose of the law and how it should be applied.

This example illustrates how a legislative fact is used to provide context and reasoning behind a law, which can help in interpreting and applying it.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Simple Definition

A legislative fact is a fact that helps a court or agency understand why a law was made and how it should be applied. It is not specific to the parties involved in a case. For example, if a law was made to protect the environment, a legislative fact would explain why it is important to protect the environment. This is different from an adjudicative fact, which is a fact that concerns the parties in a case and helps the court or agency determine how the law applies to them.

A judge is a law student who marks his own examination papers.

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The law is a jealous mistress, and requires a long and constant courtship.

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