Question of Law

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Question of Law

An issue that is within the province of the judge, as opposed to the jury, because it involves the application or interpretation of legal principles or statutes.

At any stage in a proceeding, before or during trial, a judge may have to determine whether to let a jury decide a particular issue. In making this determination, the judge considers whether the issue is a question of law or a question of Fact. If the question is one of fact, it should be decided by the jury at trial. If the question is one of law, the judge may decide it without affording the parties the opportunity to present evidence and witnesses to the jury.

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. Resolving questions of law is a chief function of the judge.

If the pleadings and initial evidence in a case show that there are no factual disputes between the parties, a court may grant Summary Judgment to a party. Summary judgment is a final judgment in the case made by the court before trial. A court may grant summary judgment in a case that contains no factual disputes because such a case presents only a question, or questions, of law, so the fact-finding function of the jury is not needed.

On appeal, the trial court's ruling on a question of law generally receives closer scrutiny than a jury's findings of fact. Being present at the trial, the fact finder is in a better position than the appeals court to evaluate evidence and testimony.

An issue may be characterized on appeal as a mixed question of law and fact. A mixed question occurs when the facts surrounding the case are admitted and the rule of the applicable law is undisputed; the issue then is whether the Rule of Law was correctly applied to the established facts. In a criminal case, for example, assume that a trial court, over the objection of the defendant, allows the prosecution to present evidence that the defendant was identified as the perpetrator. If the defendant is found guilty and challenges the identification procedure on appeal, the question is one of both law and fact. The appeals court must decide whether the trial court correctly applied the law on due process in identification procedures to the particular identification procedure used in the case. In such a case, the appeals court will scrutinize both the facts and the trial judge's rulings on questions of law.

Further readings

Thomas, Janet Shiffler. 1984. "Likelihood of Confusion Under the Lanham Act: A Question of Fact, A Question of Law, or Both?" Kentucky Law Journal 73.

question of law

n. an issue arising in a lawsuit or criminal prosecution which only relates to determination of what the law is, how it is applied to the facts in the case, and other purely legal points in contention. All "questions of law" arising before, during, and sometimes after a trial are to be determined solely by the judge and not by the jury. "Questions of law" are differentiated from "questions of fact," which are decided by the jury and only by the judge if there is no jury. (See: question of fact, trier of fact, judge)

References in periodicals archive ?
In the administrative law context, the irreparable harm results from the fact that agencies cannot correct erroneous evidentiary rulings and they cannot reject conclusions of law outside their substantive jurisdiction.
78) Moreover, Cook argued, many allegations condemned as conclusions of law are just as readily seen as general statements of fact.
By definition, a stipulation of fact should contain factual information about the particular offense, not conclusions of law.
We think that his conclusions of law are incorrect,'' said Maurier.
The proposed adverse determination again contains the agent's statement of facts and conclusions of law and gives the issuer three choices: contact the agent to begin negotiations on a closing agreement (including a payment and redemption of the bonds to avoid assertion of tax liability against the bondholders); protest the proposed adverse determination to Appeals; or seek assistance from the Office of the Taxpayer Advocate.
The plaintiff's trial brief, proposed findings of fact and conclusions of law, closing argument and response to the defendants' brief, and the court's memorandum and order in a case involving an Army hospital's failure to diagnose breast cancer.
The appellate court also declared once again that splitting the experts' opinions in half equated to incomplete conclusions of law.
29] In its conclusions of law, the court held that these tasks are the job of a SEPTA transit officer and failure to be able to perform them compromises the safety of the officer, other officers, and the public at large.
We will seek an expedited appeal of this ruling," Microsoft spokesman Tom Pilla said, just minutes after Judge Thomas Penfield Jackson issued his conclusions of law in the case.
Once this decision is public, the government and Microsoft will present the judge with their respective proposed conclusions of law, which Jackson will consider before making his own findings of law.
We believe the court misapprehended key facts and reached erroneous conclusions of law in deciding to overturn the jury's verdict.
Prepare detailed findings of fact and conclusions of law with respect to