Question Of Law Vs Question Of Fact

Questions of fact are questions about what actually took place between the parties.

Cultivation in hindi. A question of law involves the interpretation of principles that are potentially applicable to other cases. The question whether there is any evidence of a particular fact is a question of law. Resolving questions of fact is the chief function of the jury.

In law a question of law also known as a point of law is a question that must be answered by applying relevant legal principles to interpretation of the law. A question of fact is best understood by comparing it to a question of law. Did the defendant.

Was the defendant present at the scene of the crime. The question whether the defendant did this or that is a question of fact. Answers to questions of law are generally expressed in terms of broad legal.

And questions of mixed law and fact are questions about whether the facts satisfy the legal tests. A simple example will illustrate these concepts. And questions of mixed law and fact are questions about whether the facts satisfy the legal tests.

That is because before the inference is drawn there is a preliminary question as to whether the evidence reasonably admits a different conclusion. However in deciding these legal issues judges often must make findings of fact and this is because most issues are a combination of law and facts. Questions of law are questions about what the correct legal test is.

This is where things get more difficult to understand or explain. Likewise the question whether a particular inference can be drawn from facts found or agreed is a question of law. In contrast a question of fact requires an interpretation of circumstances surrounding the case at hand.

A question of fact is a question as to what happened in a given legal matter. Whether a particular issue in a civil case is a question of fact or law is significant because it can determine whether a party wins the case on summary judgment. A simple example will illustrate these concepts.

The appropriate methodology for distinguishing questions of fact from questions of law has been to say the least elusive. Resolving questions of law is a chief function of the judge. Were the fingerprints lifted from the weapon untainted and belonged to the defendant.