Cunningham v. Department of Civil Serv

In Cunningham v. Department of Civil Serv., 69 N.J. 13, 350 A.2d 58 (1975), the Supreme Court succinctly described the distinction between the two concepts: Adjudicative facts are facts about the parties and their activities, businesses, and properties, usually answering the questions of who did what, where, when, how, why, with what motive or intent; adjudicative facts are roughly the kind of facts that go to a jury in a jury case. Legislative facts do not usually concern the immediate parties but are general facts which help the tribunal decide questions of law, policy and discretion. Id. at 22, 350 A.2d 58.