When one party asserts certain facts and the other party denies them those facts become _________

The correct option is Facts in issue.

Key Points

• According to Section 3 the expression "facts in issue" means any fact from which either by itself or in connection with other facts, the existence, non-existence of its nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding necessarily follows.
• The term "fact in issue" typically refers to a fact or point that is disputed or contested by the parties involved in a legal case.
• In a legal context when one party asserts certain facts and the other party denies them those facts become "facts in issue."
• Illustration:-
  • P is accused of the murder of Q. At his trial, the following facts may be an issue-
    • That P caused Q's death.
    • That P intended to cause Q's death.
    • That P had received grave and sudden provocation from Q.
    • That P at the time of doing the act which caused Q's death was because of unsoundness of mind, incapable of knowing its nature.
• The expression "Facts in issue" refers to facts out of which a legal right, liability or disability arises and such legal right, liability, or disability is involved in the inquiry and upon which the Court has to give the decision.
• The question as to what facts may be "facts in issue" must be determined by substantive law or the branch of procedural law which deals with pleadings.
• Generally, in criminal cases, the charge constitutes the facts in issue whereas in civil cases the facts in issue are determined by the process of framing issues.