All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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51.

Which of the following statements is the most accurate about a fact in issue ?

A: It includes anything, capable of being perceived by the senses, and any mental condition of which any person is conscious.
B: It includes any fact from which either by itself or in connection with other facts, the existence, non- existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.
C: All relevant facts form part of the fact in issue.
D: A fact in issue must be the best evidence admitted before the court of law.
E: A fact in issue is a fact that both parties have agreed on.

The answer is: B

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Explanation

The most accurate statement about a fact in issue is :

B: It includes any fact from which either by itself or in connection with other facts, the existence, non-existence, nature, or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.

Explanation:

A fact in issue is a crucial concept in the legal context, particularly in litigation. It refers to a fact that is directly in dispute and relevant to the case at hand. Statement B provides a comprehensive and accurate definition of a fact in issue because it emphasizes that a fact in issue is one from which the existence, non-existence, nature, or extent of a right, liability, or disability asserted or denied in a legal proceeding necessarily follows. In other words, it's a fact that has a direct bearing on the outcome of the case.

Statement A is also relevant as it mentions that a fact in issue can include anything perceived by the senses or any mental condition of which a person is conscious, but it doesn't capture the full essence of a fact in issue, which is its legal significance in a case.

Statement C is not entirely accurate because while all relevant facts are essential in building a case, not all relevant facts become facts in issue. Facts in issue are those that are directly contested and have a significant impact on the legal dispute.

Statement D is not accurate because a fact in issue does not necessarily have to be the "best evidence" admitted in court. It's simply a fact that is crucial to the dispute at hand.

Statement E is also not accurate. Facts in issue are often points of contention between the parties involved, and they are not necessarily facts that both parties have agreed upon. In fact, if both parties agreed on a particular fact, it might not be a fact in issue at all.