A question of fact is
resolved by a trier of fact
, i.e. a jury or, at a bench trial, a judge, weighing the strength of evidence and credibility of witnesses. Conversely, a question of law is always resolved by a judge.
What is an example of question of law?
Example of a question of law (
up to the judge or judiciary to decide): If a man shot at another man (who was in his backyard and had raped his wife earlier that evening
), but hit a neighbor child and killed her when his bullet did not find its true…
What is the difference between fact and law?
What is the Difference Between a Question of Law and a Question of Fact? The short and simple answer is that
questions of law are for the judge to decide whereas questions of fact are for the jury to decide.
What do you mean by question of fact?
A question of fact is
a factual dispute between litigants that must be resolved by the jury at trial
. It is an issue that is material to the outcome of the case and requires an interpretation of conflicting views on the factual circumstances surrounding the case.
What is the difference between question of law and substantial question of law?
A question of law having a material bearing on the decision of the case
(that is, a question, answer to which affects the rights of parties to the suit) will be a substantial question of law, if it is not covered by any specific provisions of law or settled legal principle emerging from binding precedents, and, …
Who can decide questions of fact?
A question of fact is resolved by a trier of fact, i.e. a jury or, at a bench trial,
a judge
, weighing the strength of evidence and credibility of witnesses. Conversely, a question of law is always resolved by a judge.
What is the fact in law?
n.
an actual thing or happening
, which must be proved at trial by presentation of evidence and which is evaluated by the finder of fact (a jury in a jury trial, or by the judge if he/she sits without a jury).
What is question of law and fact?
In law, a question of fact (also known as a point of fact) is
a question which must be answered by reference to facts and evidence, and inferences arising from those facts
. Such a question is distinct from a question of law, which must be answered by applying relevant legal principles.
What is a pure question of law?
If the factual foundation for a case has been laid and the legal consequences of the same have not been examined,
the examination of such legal consequences
would be a pure question of law1. … No doubt the legal foundation to raise a case by including it in the grounds of appeal is mandated.
What is law is a question of what?
A question of law involves
the interpretation of principles that are potentially applicable to other cases
. … In contrast, a question of fact requires an interpretation of circumstances surrounding the case at hand. Resolving questions of fact is the chief function of the jury.
What is example of fact?
The definition of a fact is something that is true or something that has occurred or has been proven correct. An example of a fact is
that the world is round
. An example of a fact is the detail about a driver texting while driving that is told to the court and reported in a news story.
What are issues of fact?
n. in a lawsuit or criminal prosecution, an issue of fact
in which the truth or falsity
(or a mix of the two) must be determined by the “trier of fact” (the jury or the judge in a non-jury trial) in order to reach a decision in the case.
What is an example of question of value?
When you move beyond a focus on value to urging your audience to do something about it, you’re then into a question of policy. For example, in a speech
designed to convince your listeners that bullfighting is
inhumane, you’re focusing on a question of value.
What is substantial question of law example?
A
question of law having a material bearing on the decision of the case
(that is, a question, answer to which affects the rights of parties to the suit) will be a substantial question of law, if it is not covered by any specific provisions of law or settled legal principle emerging from binding precedents, and, …
What is substantial question of law of general importance?
Obviously, a question of law of general public importance,
the decision of which is likely to affect a large section of the public
, will be a substantial question of law. A question of law on which there is great divergence of judicial opinion will be a substantial question of law.
What is the Article 143?
Article 143 of the Constitution of India confers
upon the Supreme Court advisory jurisdiction
. Article 143 Power of President to consult Supreme Court. … Firstly, the President may obtain the opinion of the Supreme Court on any question of law or fact that has arisen or likely to arise.
