Texas Court Reporter Practice Exam

Which term means "an accomplished fact" in legal context?

1. Motus

2. Fait accompli

3. De facto

4. Res judicata

The correct answer is: Fait accompli

The term "fait accompli" originates from French and translates to "accomplished fact." In the legal context, it refers to a situation that has already been decided or completed, thus leaving no opportunity for debate or discussion about the matter. It is often used to describe actions that have been taken without prior approval or those that are irreversible, creating a scenario where the other party cannot change the outcome. The comparison with other options highlights their distinct meanings: "motus" relates to movement or motion but does not carry the connotation of an accomplished fact. "De facto" means "in fact" or "in practice," generally describing situations that exist in reality, even if not formally recognized by law, but it is broader than simply an accomplished fact. "Res judicata" refers to a matter that has already been judged and settled by the court, focusing on the finality of legal decisions rather than the concept of an accomplished fact. Thus, "fait accompli" best captures the idea of something that is a completed action, making it the correct choice.