What are legal questions of fact?

Asked by: Dr. Delphine Thiel  |  Last update: October 9, 2025
Score: 4.5/5 (28 votes)

n. in a lawsuit or criminal prosecution, an issue of fact in which the truth or falsity (or a mix of the two) must be determined by the "trier of fact" (the jury or the judge in a non-jury trial) in order to reach a decision in the case.

What are questions of fact in law?

A question of fact is an issue of fact, not law. A question of fact is resolved by a trier of fact , i.e. a jury or, at a bench trial , a judge , weighing the strength of evidence and credibility of witnesses .

What are some examples of questions of fact?

In a self-defense case where a murder has occurred a question of fact might be whether the accused had an honest and reasonable belief that there was imminent risk of death, serious bodily injury or sexual assault. To make either determination the jury are said to be “judges of the facts.”

What are fact questions?

A quick definition of fact question:

It is a question that can be answered by demonstrating evidence, rather than just an opinion. For example, whether someone is guilty of a crime or if a contractor has delayed construction unreasonably are fact questions.

What is the legal definition of a fact?

A fact is an event that actually happened, or a statement presented as objective truth. The determination of facts is the key responsibility of trial courts . [Last updated in December of 2022 by the Wex Definitions Team ]

What is a Question of fact?

40 related questions found

What is an example of a legal fact?

For example, in a personal injury case, the fact that the defendant was texting while driving may be a material fact.

What is an example of a fact?

The sun sets in the west. Mount Everest is the highest mountain in the world. Trains are a fun way to travel. Magnets attract objects made out of steel and iron.

What are 5 examples of factual questions?

Factual questions

They include who, what, where, when, questions. Example: "What is the standard treatment for hypertension?" Students can generally tell that there are only so many "correct answers" to these kinds of questions.

What are primarily concerned with questions of fact?

Trial courts are primarily concerned with questions of fact ; that is , they determine exactly what events occurred that are relevant to questions of the defendants guilty or innocence.

What five questions typically are used in fact finding?

Fact-Finding

Fact finding is generally performed during system planning and system analysis phase because during these phases, system analyst collect data about problems, scope and opportunities etc. Five questions are used in fact-finding. These questions are what, when, who, where and how.

What are the three topics that are questions of fact?

3 examples of speech topics that addresses questions of fact are:
  • Global Warming and it's effect on the earths ecosystem.
  • The benefit of electric cars to the environment.
  • The invention of the Metaverse and it's benefit to society.

Is reasonableness a question of fact or law?

Reasonableness generally presents a question of fact for the trier of fact to weigh the evidence and judge the credibility of the witnesses.

Is negligence a question of law or fact?

Usually, but not always: negligence is an abstract concept that must always be applied to concrete and often widely varying sets of circumstances. Whether someone was or was not negligent is almost always a question of fact for a jury to decide. Rarely is it a legal question that a judge can settle.

Can prior court decisions ever be overturned?

A court decision or precedent is overturned when a judiciary rejects the result of a prior court proceeding. Higher courts may overturn the decisions of lower courts. Supreme courts can also overturn precedents established in previous court decisions.

What are the examples of fact finding questions?

“What did you see/hear/experience?” “When did the situation occur?” “Where did the situation occur?” “Who was involved?” “How were you impacted by what occurred?” or “How do you see the situation?” “What concerns do you have?” “Was anyone else present?” “What was their involvement?” “Why do you think it happen?” “Has ...

What is considered a question of fact?

A question of fact is a situation where people need to figure out what really happened. This is different from a question of law, which is about what the rules are. When there is a question of fact, a group of people called a jury or a judge will listen to the evidence and decide what they think is true.

What type of evidence tends to make a fact in question?

Relevant evidence is probative and material evidence. It tends to make a fact more or less probable than it would be, or it is a crucial fact in determining the action. Fed. R.

Is a breach of contract a question of fact?

1 The generally accepted rule is that “[W]hether a breach is material is a question of fact.” Farnsworth on Contracts, Sec.

What is an example sentence for question of fact?

Whether that occurred was a question of fact for the jury. It was a question of fact whether the strike had been the effective cause of the delay. Closed questions are questions of fact and are right or wrong.

What are the 5 powerful questions?

5 Powerful Questions Every People Manager Needs to Know and Use
  • What do you think? Not rocket science is it? ...
  • What makes you think this? ...
  • Can you tell me more? ...
  • How can I support you with this? ...
  • What do you think are the next steps?

What is an example of a fact with evidence?

A fact is a provable statement. It can be shown to be true or false without any doubt, usually through some indisputable evidence, like a measurement or an observation. For instance, it is a proven fact that the Civil War occurred from 1861-1865. You can look it up in any history book and find the same dates.

What are the examples of fact questions?

General trivia questions
  • What is the only planet in our solar system to rotate clockwise on its axis? ...
  • Which freezes faster: hot or cold water? ...
  • What is James Bond's code name? ...
  • Jim Henson is the creator of what beloved cast of characters? ...
  • Weighing around eight pounds, this is the human body's largest organ?

What is an example of a fact witness?

An expert, such as a physician, may be called as a fact witness in areas that are outside his or her expertise. For example, a physician may have witnessed an automobile accident. A physician may be a fact witness when a case involves a person whom the physician has treated.

What are 3 examples of statement of fact?

Factual Statements
  • The Earth revolves around the Sun.
  • Coronavirus 19 is considered to be an infectious disease and has caused a pandemic around the world.
  • The Philippines is a country found in Southeast Asia.
  • The brain, along with the heart are some of the most important organs in our body.
  • There are 12 months in a year.