Legal Test to Distinguish Between Facts and Opinions

In El Paso Times, Inc. v. Kerr, 706 S.W.2d 797, (Tex.App.-El Paso, 1986 writ ref'd n.r.e.), the court set out a four part test to distinguish between fact and opinion. This test requires the Court to: (1) analyze the common usage of the specific language of the statement to determine whether it has a precise, well-understood core of meaning that conveys facts or whether the statement is indefinite and ambiguous; (2) assess the statement's verifiability i.e., whether it is capable of being proved true or false; (3) consider the entire context of the statement, including any cautionary language; (4) evaluate the kind of writing or speech contained in the statement, and to its presentation as commentary or "hard" news. Id.