The word "factum" is spelled with a "c" in place of the expected "k". This is because "factum" is derived from the Latin verb "facere," meaning "to do." In Latin, when "facere" is conjugated in the perfect tense, it becomes "fecit." When this is then used as a noun (as in "factum"), the "c" is a remnant of the Latin "c" that was part of "fecit" before it was transformed into a noun suffix. The IPA transcription for "factum" is /ˈfæktəm/.
Factum is a Latin term that can be translated as "something that has been done" or "an accomplished fact." In legal terms, a factum refers to a written statement of a party's case, typically presented to a court or tribunal. It is a formal document that outlines the facts, arguments, and legal authorities that support a party's position in a legal dispute.
A factum generally provides a comprehensive and concise summary of the relevant facts, highlighting key issues and key pieces of evidence. It also presents the arguments and legal theories that support the party's position, often referencing relevant statutes, case law, and legal principles. The purpose of a factum is to persuade the court or tribunal of the merits of the party's case.
A well-prepared factum is crucial in legal proceedings as it serves as a roadmap for both the party presenting it and the adjudicating body. It helps the court or tribunal to efficiently navigate through the complex legal issues and make an informed decision based on the arguments and evidence presented. Facta (the plural form of factum) are commonly submitted by both the plaintiff and defendant in civil litigation and by both the prosecution and defense in criminal cases. They are typically exchanged between parties prior to a hearing or trial and may be submitted alongside other legal documents, such as pleadings, affidavits, and expert reports.
The word "factum" comes from Latin, where it is the neuter form of the past participle of the verb "facere", meaning "to make" or "to do". In Latin, "factum" originally referred to something that has been made or done, and it developed various meanings over time. The term eventually entered into several Romance languages, including French and Italian, where it became "fait" and "fatto" respectively, still holding the sense of something that has been made or done. In English, "factum" is mainly encountered in legal contexts, referring to a statement or document containing facts that can be proven.