The answers to factual questions are determined by a Trier of Facts such as a jury or judge. In many jurisdictions, such as England and Wales, courts of appeal generally do not consider appeals based on factual errors (errors in the answer to a question of fact). On the contrary, the factual conclusions of the first place of jurisdiction are generally treated with great respect by the courts of appeal. [3] All questions of fact can be proven or refuted by reference to a certain standard of proof. Depending on the nature of the case, the standard of proof may require that a fact be true as „more likely than not” (there is little more evidence of the fact than against, as established by a preponderance of evidence) or beyond a reasonable doubt. „The legal question posed by the legislator in this decree is at first sight a technical expression well understood by lawyers. A question of law so interpreted would therefore include (without attempting an exhaustive definition that would be impossible) questions affecting the scope, effect or application of a rule of law applied by the courts to determine the rights of the parties; And through long use, the concept of legal question has come to be applied to questions that, if they arise during a hearing by a judge and jury, would be left exclusively to the judge for decision. „It may be whether the facts are appropriate for a legal principle that the trial judge can decide whether it is applicable or not. This injunction can have a significant impact on a proceeding, and if that forms the basis of the appeal, it is a question of law. In several civil courts, the highest courts consider that questions of fact must be settled by the lower courts and will deal only with legal issues. They can therefore refer a case to a lower court to reapply the law and respond to any fact-based assessment based on their response to the application of the law. International tribunals such as the Benelux Court of Justice and the European Court of Justice only answer the legal questions of judges of national courts if they are not sure of the interpretation of the law of multilateral organisations.
In law, a question of law, also known as a question of law, is a question that must be answered by applying the relevant principles of law to the interpretation of the law. Such a question is different from a question of fact, which must be answered by reference to the facts and evidence and to the conclusions arising from those facts. Answers to legal questions are usually expressed in the form of general principles of law and can be applied to many situations rather than depending on specific circumstances or facts. An answer to a legal question, as it applies to the particular facts of a case, is often referred to as the „conclusion of the law.” In several civil courts, the higher courts deal with substantive issues of the lower court and deal only with legal matters. They can therefore refer a case to a lower court to reapply the law and respond to any fact-based assessment based on their response to the application of the law. International tribunals such as the Benelux Court of Justice and the European Court of Justice only answer the legal questions of judges of national courts if they are not sure of the interpretation of the law of multilateral organisations. While questions of fact are resolved by a trier of fact, who in the common law system is often a jury, legal issues are always resolved by a judge or equivalent judge. While findings of fact in a common law legal system are rarely overturned by a court of appeal, legal findings are more easily reconsidered.
While questions of fact are resolved by a trier of fact, who in the common law system is often a jury, legal issues are always resolved by a judge or equivalent judge. While findings of fact in a common law legal system are rarely overturned by a court of appeal, legal findings are more easily reconsidered. n. a matter arising out of a criminal dispute or prosecution which relates only to the determination of the law applied to the facts of the case and to other purely legal matters which are contested. All „legal questions” that arise before, during and sometimes after a trial must be decided exclusively by the judge and not by the jury. „Legal questions” are distinct 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 question of fact, judge) A matter that falls within the jurisdiction of the judge, as opposed to the jury, since it involves the application or interpretation of legal principles or laws. In law, a question of law, also known as a question of law, is a question that must be answered by applying the relevant principles of law to the interpretation of the law. [1] Such a question is different from a question of fact, which must be answered by reference to the facts and evidence and conclusions arising from those facts. Answers to legal questions are usually expressed in the form of general principles of law and can be applied to many situations rather than depending on specific circumstances or facts. An answer to a legal question, as it applies to the particular facts of a case, is often referred to as the conclusion of the law. In law, a question of fact, also known as a question of fact, is a question to be answered by reference to facts and evidence and to conclusions arising from those facts.
Such a question is different from a question of law which must be answered using relevant legal principles. The answer to a question of fact (a „statement of fact”) usually depends on certain circumstances or facts. [2] See, for example, Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996) (on substantive issues in general) and Griffin v. Mark Travel Corp., 724 N.W.2d 900 (Wis. Ct. App. 2006) (on foreign law). „Construction becomes a legal issue once the true meaning of the words in which an instrument was expressed and the circumstances accompanying it, if any, have been established as facts.
The meaning of an ordinary English word, technical or commercial terms and latent ambiguities and the discovery of surrounding circumstances (if any) are matters of fact. The distinction between „law” and „fact” has proven obscure wherever it is used. For example, the common law required that a plaintiff`s claim in a civil action state only the „facts” of his or her case, not „legal conclusions.” Unfortunately, no one has ever been able to say whether the allegation that „the defendant negligently ran over the plaintiff with his car at the intersection of State Street and Chestnut Street on November 9” is a statement of fact or a legal finding. In fact, the distinction between law and fact is only the legal version of the philosophical distinction between „empirical” and „analytical” statements, a distinction on which philosophers have not yet been able to agree. A question may be qualified on appeal as a mixed question of law and fact. A mixed question arises when the facts of the case are recognized and the applicable rule of law is undisputed; The question, therefore, is whether the rule of law has been correctly applied to the established facts. For example, in criminal proceedings, suppose that a court of first instance, beyond the defendant`s objection, allows the prosecution to provide evidence that the defendant has been identified as the perpetrator. If the defendant is convicted and challenges the identification process on appeal, the question of law and facts is a question. The Court of Appeal must decide whether the trial court correctly applied the Identification Due Process Act to the identification procedure used in the case. In such a case, the Court of Appeal considers both the facts and the decisions of the trial judge on points of law. a contentious dispute that is usually left to a judge to rule A point of law involves the interpretation of principles that may be applicable to other cases. On the other hand, a question of fact requires an interpretation of the circumstances of the case.
The solution of factual questions is the main task of the jury. The resolution of legal issues is a main task of the judge.