A question of fact refers to a dispute about the facts of a case that must be resolved by the "trier of fact," which can be a jury or a judge in a bench trial. This determination occurs after the presentation of evidence. Questions of fact arise frequently in legal proceedings, including lawsuits and criminal prosecutions, and are distinct from questions of law, which are solely for the judge to decide.
In legal practice, questions of fact are essential in various areas, including civil and criminal law. During trials, the trier of fact evaluates evidence to make decisions based on factual disputes. Additionally, questions of fact can be raised in motions for summary judgment, allowing the court to decide if there are factual issues that require a trial. Users can manage some aspects of these processes with legal templates from US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: In a personal injury lawsuit, the plaintiff claims they were injured due to the defendant's negligence. The question of whether the defendant was indeed negligent is a question of fact that the jury must determine based on the evidence presented.
Example 2: In a criminal trial, if the defendant argues they were not at the scene of the crime, the question of their whereabouts at that time becomes a question of fact for the jury to decide. (hypothetical example)
| Term | Definition | Key Difference |
|---|---|---|
| Question of Fact | Dispute about the facts of a case. | Decided by the trier of fact. |
| Question of Law | Issue regarding the interpretation of law. | Decided solely by the judge. |
If you find yourself involved in a legal case where questions of fact are present, consider gathering all relevant evidence to support your position. You might also explore US Legal Forms for templates that can help you navigate the legal process effectively. If your situation is complex, consulting a legal professional for tailored advice is advisable.
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A question of fact is a dispute about the facts of a case that must be resolved by the trier of fact.