| 词条 | Operative fact |
| 释义 |
An operative fact is a legally relevant fact which tends to decide the legal question at bar. Example: theft at common law is the taking (caption) and carrying away (asportation) of a thing with the intention to permanently deprive the true owner of possession. An operative fact would be the taking of the object. This fact alone would be insufficient to complete the crime; there would also need to be the removal of the object (asportation) and the intention to permanently deprive the true owner of possession. An operative fact is a necessary fact to a legal conclusion, which may or may not alone be sufficient to entail said conclusion. The term "operative fact" as a descriptor of the factual premise to a legal conclusion appears rooted in Hohfeldian legal semiotics.[1][2] References1. ^{{Cite journal|last=Engle|first=Eric|date=2010|title=Taking the Right Seriously: Hohfeldian Semiotics and Rights Discourse|url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1424691|journal=The Crit|volume=3|pages=84–107|via=SSRN}} {{law-term-stub}}2. ^{{cite web |last1=Hohfeld |first1=Wesley |title=Fundamental Legal Conceptions as Applied in Judicial Reasoning, |url=http://digitalcommons.law.yale.edu/fss_papers/4378/ |website=Yale Law Journal |publisher=26 Yale Law Journal 710, 710 (1917). |accessdate=24 June 2018}} 1 : Legal terminology |
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