What Are Adjudicative Facts ?
In Cunningham v. Department of Civil Serv., 69 N.J. 13, 350 A.2d 58 (1975), the Court distinguished adjudicative and legislative facts as follows:
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 (quoting Kenneth Culp Davis, the Requirement of a Trial-Type Hearing, 70 Harv. L. Rev. 193, 199 (1956)).