Dictionary of Law
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question of fact :: legal definition


Question of fact - 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. A "question of fact" may also be raised in a motion for summary judgment which asks the court to determine whether there are any questions of fact to be tried, allowing the judge to rule on the case (usually to dismiss the complaint) at that point without a trial. "Questions of fact" are distinguished from "questions of law," which can only be decided by the judge.

See also: finding judge question of law and Related Law Terms ↓


Related Law Terms

admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues.
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - Q

quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed.
quash :: v. to annul or set aside. In law, a motion to quas ... s when the wrong person was served.
quasi :: : (kway-zeye, kwah-zee) adj., adv. from Latin for ... ve to be treated "as if" they were.
quasi community property :: n. in community property states, property acquired ... : community property palimony quasi
quasi contract :: n. a situation in which there is an obligation as ... fulfilled. See also: contract quasi
quasi corporation :: n. a business which has operated as a corporation ... poration de facto corporation quasi
quasi in rem :: adj. referring to a legal action which is primaril ... See also: in personam in rem quasi
quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi
quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi
Queen's Bench :: n. 1) the highest court in Great Britain during th ... include close to 50 percent women.
query :: n. common lawyer lingo for a question to be answer ... ingo for a question to be answered.
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
quid pro quo :: : (kwid proh kwoh) n. Latin for "something for som ... this deal?" See also: consideration
quiet enjoyment :: n. the right to enjoy and use premises (particular ... damages for it. See also: nuisance
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quit :: v. to leave, used in a written notice to a tenant ... o: notice to quit unlawful detainer
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
quo warranto :: (kwoh wahr-rahn-toe) n. the name for a writ (order ... ticles). See also: corporation writ