http://www.newton.dep.anl.gov/askasci/gen99/gen99291.htm
"The two pervious answers are correct if you are talking about the
evolution of living things based upon fossils. However,
evolution is fact in that we can demonstrate evolution with
bacteria and other organisms. Many experiments have successfully
shown the principles of evolution. We hear of the evolution of
TB for example to a point where drugs that use to be effective now
are not because the organism has evolved to a organism that
is no longer effected. Darwin's idea of natural selection is
and has been clearly demonstrated. However, when it comes to
the evolution of Homo sapiens and other higher plants and animals,
though the evidence seems clear as to how these organisms evolved,
science never lists anything as fact unless it can be clear demonstrated.
This can not be done due to the fact that the predecessors are no
longer living to positively verify what the fossils suggest.
In other words:
The process of evolution is fact. We can clearly demonstrate evolution
by how we define it.
The evolution of higher organisms is a theory, because the facts are
not available to be absolutely sure, but there is a growing amount of
facts that clearly suggest that evolution of all living things did
occur."