The difference between a question of law and a question of fact lies in what is being decided and who decides it—the judge or the jury.
🔹 Question of Law
Definition: A legal issue about how the law should be interpreted or applied.
Decided by: Judge
Examples:
Is this law constitutional?
What does this contract term legally mean?
Can this evidence be admitted in court?
🔹 Question of Fact
Definition: A factual issue about what actually happened in a case.
Decided by: Jury (or judge in a bench trial)
Examples:
Did the defendant run the red light?
Was the witness telling the truth?
Did the accused person act in self-defense?
⚖️ Key Differences:
Aspect Question of Law Question of Fact
Decided By Judge Jury (or judge in bench trial)
Deals With Interpretation of laws Truth of events or actions
Appealable? Yes – can be reviewed on appeal Rarely – appeals on facts are limited
Purpose Guide how law applies Determine what actually happened.
What are the two types of questions in a legal dispute?
In a legal dispute, the two main types of questions are:
🔹 1. Question of Law
Definition: Concerns the interpretation or application of the law.
Decided by: A judge.
Examples:
Is the law being applied correctly?
Is this evidence legally admissible?
What does a legal term or statute mean?
🔹 2. Question of Fact
Definition: Concerns what actually happened in the case.
Decided by: A jury (or a judge in a bench trial).
Examples:
Did the defendant hit the victim?
Was the witness truthful?
Did the accused have intent to commit the crime?
✅ Summary:
Type Question of Law Question of Fact
Decided by Judge Jury or Judge (in bench trial)
Focuses on Legal rules and their meaning Evidence and what occurred
Used for Legal reasoning and rulings Determining the truth
Both types are crucial:
The judge ensures the law is correctly applied.
The jury ensures the facts are fairly evaluated.
What is a question of fact?
A question of fact is an issue in a legal case that involves determining what actually happened based on the evidence presented.
🔍 Key Features of a Question of Fact:
Focus: On the truth of events—who did what, when, where, and how.
Decided by: The jury in a jury trial, or the judge in a bench trial.
Based on: Testimony, documents, physical evidence, and witness credibility.
✅ Examples of Questions of Fact:
Did the defendant run the red light?
Was the victim injured in the accident?
Was the contract signed under pressure?
Did the employee actually commit theft?
📌 Why It Matters:
Questions of fact determine the reality of the situation. Once the facts are decided, the judge applies the law to those facts to reach a legal decision.
In short:
A question of fact asks: “What actually happened?” and is answered by reviewing the evidence and testimony in the case.