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Fact-finding is a subsidiary function of courts that is cabined by two important principles. First, there must be a cause of action: https://www.law.cornell.edu
by rayiner 1mo ago
Fact-finding is a subsidiary function of courts that is cabined by two important principles. First, there must be a cause of action: https://www.law.cornell.edu/wex/cause_of_action https://www.law.cornell.edu/wex/cause_of_action. Courts cannot just go fact-finding on their own. Common law or statute must have articulated a specific set of factual conditions that gives rise to a legal claim for relief. So courts can engage in fact-finding, but only within very specific guardrails outlined in the laws that govern the cause of action.
Second, courts must avoid intruding into the work of the political branches: https://www.law.cornell.edu/wex/political_question_doctrine https://www.law.cornell.edu/wex/political_question_doctrine. You can't turn to the courts to adjudicate what facts are "accurate" in the context of a political debate.
- brookst 1mo agoSure, agreed on both counts. But to the extent government officials have a duty not to lie to the public, that duty extends to facts, not political opinions. I find the courts a perfectly reasonable way to adjucate e.g. the actual water volume in the Colorado river.