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Here are some points about facts and theories.
In the American vernacular, "theory" often means "imperfect fact" - part of a hierarchy of confidence running downhill from fact to theory to hypothesis to guess.
When evolution was mentioned President Reagan stated before an evangelical group in Dallas: "Well, it is a theory. It is a scientific theory only, and it has in recent years been challenged in the world of science - that is, not believed in the scientific community to be as infallible as it once was."
Facts and theories are different things, not rungs in a hierarchy of increasing certainty. Facts are the world's data. Theories are structures of ideas that explain and interpret facts. Facts don't go away when scientists debate rival theories to explain them. Einstein's theory of gravitation replaced Newton's in this century, but apples didn't suspend themselves in midair, pending the outcome.
Moreover, "fact" doesn't mean "absolute certainty"; there ain't no such animal in an exciting and complex world. The final proofs of logic and mathematics flow deductively from stated premises and achieve certainty only because they are NOT about the empirical world.
In science "fact" can only mean "confirmed to such a degree that it would be perverse to withhold provisional consent."
Darwin continually emphasized the difference between his two great and separate accomplishments: establishing the fact of evolution, and proposing a theory - natural selection - to explain the mechanism of evolution.
Hope that helps
Cris