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Refers to Court room proceedings.

Fact shaping refers to the practice of one or both litigants only entering evidence which will allow a judge to rule the way the judge wants to rule.

It can involve not calling witnesses, not entering documents, not performing discovery or failing to object to evidence entered by the opposing litigants.

It does not matter how many times you tell your lawyer, friends, family or post it on the internet or in the newspaper, if evidence is not entered on the official court record, the judge will rule as though that evidence does not exist.
The public defender engaged in fact shaping the outcome of the case by not objecting to evidence against his client which was clearly inadmissible.
by Don Mashak-The Cynical Patriot October 30, 2011
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