Finding — in plain language

Plain language

a decision about what actually happened in a case — the facts that a judge or jury determines after reviewing the evidence

• decision about what happened
• determination of facts
• factual determination
• conclusion about the facts

What to watch for

• Finding is often confused with 'conclusion of law.' A finding is about facts (what happened), while a conclusion of law is about legal rules (what the law says about what happened). Mixing them up loses an important distinction.
• In contracts, 'finding' often means a party must make a determination about facts, not that a court has already decided something. The plain-language version should clarify who is supposed to do the finding.
• Non-lawyers often think 'finding' means discovering something new, but in legal context it means a formal decision about facts that have already been presented.
• A 'finding of fact' and 'finding of liability' are different things — one is about what happened, the other is about legal responsibility. The translation should specify which type of finding is being discussed.

Finding vs. Conclusion of Law. This is the most important distinction to preserve. A finding is about facts — what happened, when, where, who did what. A conclusion of law is about applying legal rules to those facts. In plain language, you might translate a finding as "the court decided that..." and a conclusion of law as "the court determined that the law requires..."

What to Watch For.

• Contract language: When contracts require a "finding," it usually means a party must make a factual determination, not that a court has already decided something. The translation should clarify who needs to make this determination.
• Review standards: Findings of fact are reviewed differently than conclusions of law. Findings get more deference — courts assume the fact-finder saw and heard the witnesses. This affects how you might explain the significance of a finding.
• Multiple findings: A single case may have many findings about different facts. Don't treat "finding" as if it always refers to one big decision.

Common Misunderstandings by Non-Lawyers.

• "A finding means they found something hidden." (No — it means they reached a decision about facts that were already presented.)
• "If there's a finding, someone must have done something wrong." (Not necessarily — findings can support any outcome, including that no wrongdoing occurred.)
• "Finding and verdict mean the same thing." (Close but not quite — a verdict is the final decision, while findings are the individual factual determinations that support that decision.)

Legal definition

A finding is a decision about what actually happened in a legal case. It's the conclusion that a judge or jury reaches about the facts after looking at all the evidence presented. For example, if someone sues claiming they slipped on a wet floor, a finding might be "the floor was wet" or "the defendant knew about the wet floor." These factual decisions are different from legal conclusions about what the law says should happen because of those facts.

Meanings by context

administrative law: An official decision about the facts made by a government agency instead of a court.

contracts: When a contract says someone must make a 'finding,' it means they have to decide whether something is true or has happened.

Examples

Where you'll see it

• trial court decisions
• administrative hearings
• arbitration awards
• motion practice
• settlement agreements

Related terms

• conclusion of law
• trier of fact
• verdict
• judgment
• finding of fact
• finding of liability

Word details

Pronunciation

FIND-ing

Part of speech

noun

Origin

Old English — to discover or determine through investigation

Domains

evidence law, civil procedure, criminal law, administrative law, arbitration

Frequency

common

Formality

moderate