question of fact

question of fact
question of fact see question 2

Merriam-Webster’s Dictionary of Law. . 1996.

question of fact
A question that involves factual matters. In a legal proceeding, a jury (if there is one) will determine issues of fact, while only a judge can decide questions of law. For example, whether a defendant was present at the scene of a crime is a question of fact; whether mere presence meets the legal definition of a crime is a question of law.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


question of fact
n. An issue in dispute that is left to the jury to resolve, because it is not clearly covered by any law. A judge then rules on what the law says must be done. Questions of fact are usually decided in lower courts rather than on appeal.
See also fact-finder.

Webster's New World Law Dictionary. . 2000.


question of fact
An issue that involves the resolution of a factual dispute or controversy and is within the sphere of the decisions to be made by a jury.

Dictionary from West's Encyclopedia of American Law. 2005.


question of fact
An issue that involves the resolution of a factual dispute or controversy and is within the sphere of the decisions to be made by a jury.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

question 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. A "question of fact" may also be raised in a motion for summary judgment which asks the court to determine whether there are any questions of fact to be tried, allowing the judge to rule on the case (usually to dismiss the complaint) at that point without a trial. "Questions of fact" are distinguished from "questions of law," which can only be decided by the judge.
   See also: finding, judge, question of law

Law dictionary. . 2013.

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Look at other dictionaries:

  • Question of 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… …   Wikipedia

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  • question of fact — a question concerning the reality of an alleged event or circumstance in a trial by jury, usually determined by the jury. Cf. question of law. * * * …   Universalium

  • question of fact — A question for the jury in a trial by jury or for the court in a trial to the court. A question of the truth to be decided upon conflicting evidence …   Ballentine's law dictionary

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  • question — ques·tion n 1: a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question /ˌhī pə the ti kəl/: a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and …   Law dictionary

  • question of law — see question 2 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. question of law …   Law dictionary

  • fact and law — A term used to denote issues or events that have taken place and the legal jurisdiction that governs how they are viewed. Fact in legal terms, is the event, while law refers to the actual rules that determine how facts are viewed by the courts.… …   Law dictionary

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