implied finding


implied finding
A negative finding implied where the findings by the trial court leave some issue or material fact undetermined, the implication being that such issue or fact was not proved by the party having the burden of proof thereon. 53 Am J1st Trial § 1143. An anomaly in an administrative proceeding where express findings are required as a matter of procedural law. 2 Am J2d Admin L § 449.

Ballentine's law dictionary. . 1998.

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