Theory is still a theory, but taken as fact, yes.
Wrong.
Evolution is an observed fact. The explanation of why evolution occurs is a theory. A theory supported by a huge array of evidence that has improved dramatically since it was first proposed 150 years ago.
This (
http://wilstar.com/theories.htm) is a pretty good explanation of the difference between hypothesis, theory and law. A theory can become a law if it is generally accepted to be true all the time to all observers and is fairly narrow and mathematically defined. Otherwise, it will remain a theory. That doesn't mean it isn't accepted generally as good as fact.
I find it useful with evolution to separate the past from the present/future. The proof that life evolved eons ago can really only be accomplished by something like historical proof, i.e. using evidence to show what must have happened. Since it only happened once (at the macro level) and we can't go back in time, we can't exactly repeat anything, which is what you usually do in science. We can however, attempt to predict the future of evolution based on the theory developed using historical evidence and see if we are correct. We can use all kinds of scientific research to observe the present happenings and see how they feed into the future. So the present and future of evolution can be more of a scientific theory in the traditional sense.
If the theory of the past is consistent with current observations and future predictions, then we can probably accept that the theory as a whole is correct. Of course, some people on this site won't accept anything if they don't see it with their own eyes, so with things like evolution or the age of the earth, it's gonna be impossible to convince them with anything but a divine revelation.
Hope that makes some sense. I spent two years as a research assistant for an evolutionary biologist, so I do know a little about it (emphasis on little

).
(Correction: Technically he was a philosopher of evolutionary biology, researching and debating the development of the theory rather than doing the biology itself)