Tasmin-A-Jahan Nijhum
21 hours ago
What is the difference between a question of fact and a question of law?
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ChatGPT
21 hours ago
A question of fact pertains to the determination of what actually happened in a particular situation, such as whether a specific event occurred or whether a person acted in a certain way. It involves the consideration of evidence and testimony to establish the truth of the matter.
On the other hand, a question of law involves the interpretation and application of legal principles or rules to the facts of a case. It pertains to the determination of how the law should be applied to a particular set of circumstances, such as whether a certain action constitutes a legal violation or whether a particular legal doctrine is applicable.
In summary, a question of fact deals with the determination of what happened, while a question of law deals with the interpretation and application of legal principles.
On the other hand, a question of law involves the interpretation and application of legal principles or rules to the facts of a case. It pertains to the determination of how the law should be applied to a particular set of circumstances, such as whether a certain action constitutes a legal violation or whether a particular legal doctrine is applicable.
In summary, a question of fact deals with the determination of what happened, while a question of law deals with the interpretation and application of legal principles.
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Google Gemini AI
21 hours ago
Question of Fact
- Relates to the existence or non-existence of past or present facts.
- Involves the determination of what happened or what is.
- Typically resolved by presenting evidence and testimony.
- Examples:
- Did the defendant commit the crime?
- Was the contract breached?
- What are the damages suffered by the plaintiff?
Question of Law
- Relates to the interpretation or application of legal rules and principles.
- Involves the determination of what the law is.
- Typically resolved by consulting relevant statutes, case law, and legal principles.
- Examples:
- What is the definition of "negligence" in this case?
- Does this contract violate the statute of frauds?
- What is the appropriate sentence for the crime committed?
Key Differences
- Subject matter: Questions of fact deal with factual matters, while questions of law deal with legal concepts.
- Evidence: Questions of fact are resolved by evidence, while questions of law are resolved by legal reasoning.
- Resolution: Questions of fact are typically determined by the fact-finder (e.g., jury or judge), while questions of law are determined by the judge.
- Scope of review: Factual findings are generally reviewed for clear error, while legal conclusions are reviewed for correctness.
- Impact on result: A decision on a question of fact can significantly affect the outcome of a case, while a decision on a question of law can establish a precedent that binds future cases.
- Relates to the existence or non-existence of past or present facts.
- Involves the determination of what happened or what is.
- Typically resolved by presenting evidence and testimony.
- Examples:
- Did the defendant commit the crime?
- Was the contract breached?
- What are the damages suffered by the plaintiff?
Question of Law
- Relates to the interpretation or application of legal rules and principles.
- Involves the determination of what the law is.
- Typically resolved by consulting relevant statutes, case law, and legal principles.
- Examples:
- What is the definition of "negligence" in this case?
- Does this contract violate the statute of frauds?
- What is the appropriate sentence for the crime committed?
Key Differences
- Subject matter: Questions of fact deal with factual matters, while questions of law deal with legal concepts.
- Evidence: Questions of fact are resolved by evidence, while questions of law are resolved by legal reasoning.
- Resolution: Questions of fact are typically determined by the fact-finder (e.g., jury or judge), while questions of law are determined by the judge.
- Scope of review: Factual findings are generally reviewed for clear error, while legal conclusions are reviewed for correctness.
- Impact on result: A decision on a question of fact can significantly affect the outcome of a case, while a decision on a question of law can establish a precedent that binds future cases.
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