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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
The point of law does not only apply to murder but can also arise in cases of fraud or other criminal ventures.
I am being punished for not knowing this obscure point of law."
The travel agency was accused of a breach of ATOL regulations and although the Divisional Court upheld the Magistrates Court's decision it said the case concerns a point of law which is of general public importance.
The jury of six men and six women was then sent out while the legal teams debated a point of law before trial judge Mrs Justice Cox.
The selected decisions issued are presented in excerpted fashion--mainly in French, but some are in English, with French translation--to demonstrate legal findings that show, among other points, the basic rules of the Court; how a specific basic rule is concretely implemented by the court; clarify a point of law of general importance with respect to international criminal law, international humanitarian law, or international law of human rights; or are otherwise meaningful with respect to international criminal justice.
Amicus curiae, a Latin phrase, means "friend of the court" and refers to a person or entity not party to a case who provides information to the court on a particular aspect of the case or point of law in an attempt to help the court make a determination on the matter.
Human rights lawyers described the decision as "a very important point of law".
I recently noted up a 1986 Alberta Court of Appeal decision on a fairly small point of law. By small I mean not overly litigated yet still significant to our research issue.
Published by The Stationery Office, it forms part of the authoritative Point of Law series and serves to interpret how the requirements of the legislation affects anyone holding records of living individuals.
The point of law is to direct society toward these things.
refusing to accept the unconstitutionality of sections of the provincial Forest Practices Code as a point of law. The point of law is based on, among other cases, the Supreme Court of Canada's Delgamuukw decision that said Aboriginal title to the land has not been extinguished or surrendered.