Quite the contrary...it is a statement made, proven and accepted by the scientific community...
Theory:
1. a coherent group of general propositions used as principles of explanation for a class of phenomena
2. a proposed explanation whose status is still conjectural, in contrast to well-established propositions that are regarded as reporting matters of actual fact.
Fact:
1. something that actually exists; reality; truth
2. something known to exist or to have happened
3. a truth known by actual experience or observation; something known to be true
If you really feel compelled to do so, I'm not stopping you...I know how genetic mutation a la natural selection due to multiple factors, which is fact, fits into the theory as it sits right now...and it's not the wild eyed beliefs that many have glomed onto. Scentists admit the speculative nature of the theory (as well as many others) based on the lack of some hard evidence and it's the laypeople who see only the unprovable aspects of the theory as fact...which is a complete diservice to the theory. It has merits and it has offered excellent explanations to many phenomenon within nature...it is a valuable tool in which to further explore the changes within life on this planet...but no fish is going to change it's genus to homo.
Hmm, you seem to be missing something on fact... aha, here it is.
4.) Confirmed Observation
Notice how many facts there are, and how few laws and theories, and in some parts of science, there are no laws, since there is just too much case by case study to be done. Conversely, thermodynamics has many laws.
Theories are more important than laws because they explain things. Furthermore, of course a fish wouldn't do that, since homo is a sub-set of primate. First, it would need to become an amphibian, then a lizard, and finally develop, after a billion years or so, into a primate, then millions of years later, a man.
Theories remain as theories even when they are proven to be true, they just gain that extra title, because if you could find something that was wrong and prove that that problem existed, we would change it. Laws apply to more specific areas than theories, which give explaination. Theories aren't tested against laws, hypotheses are, theories explain the laws and how they fit together to make this big hot mess called the universe run.
Finally, the number 2 on Theory, that doesn't seem to work, as electricity would fall into something of conjecture. Number 1 is correct, Number 2 has some holes that need to be patched. What you are looking at in number two, is a half-way tested hypothesis.
No hard-feelings in this debate, if you please?
-Penguin