Comment: Thanks.

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In reply to comment: You're a funny guy... (see in situ)

Thanks.

Now that I have been blessed receiving my daily grammar I shall respond to your question.

=)

I don't believe I stated or questioned whether a fact can, in and of itself, determine whether a code or statute applies. I do not believe a fact, in and of itself, is capable of making a determination.

Perhaps a question:

What would you call a determination that is made without relying upon any facts?