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In a trial, a conclusion of fact which is logically deduced from evidence (“evidentiary facts”). example: the evidentiary facts were that driver larry leadfoot a) exceeded the speed limit, b) drove over the double-line, c) skidded and lost control of his car; the ultimate fact was, therefore, leadfoot was negligent. it is essential to introduce the evidentiary facts during the trial in order to prove the ultimate fact. a mere statement by a witness that “leadfoot was negligent” is not sufficient, since it is an opinion of the witness and is not evidence.

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