QUESTION OF LAW AND QUESTION OF FACT
February 12, 2014
Question of law: The expression question of law is used in three different
senses.
Firstly,in its largest sense it is used to indicate that there are already well established rules on the matter and court is bound to follow them .That is the court has little diseretion over such matters.The matter before the court is either covered by law which has already been decided by the court in earlier cases.
In second sense,it is the question of law to consider as to what
the law is when there is no statutory enactment or law on a particular matter and there is no authoritative ruling and the count has to decide it for the first time.It is the Question of law.
In the third sense,questions of law are those which are left for decision by the judges while questions or fact are for jury to decide.It is true that the question of law are never referred to a judge.Those interrelation of a particular document is a question of fact but quite often.It is done by the judge himself.
Question of fact: In a general sense the question which are not question of law are questions of fact.
Salmons holds that a question of face is one which is not pre determined by the rule of law,or any question which except the question as to what the law is or any question which is to be answered by the jury.Evidence can be led to prove or disprove a question of fact.Thus whether a theft has been committed or not is a question of fact whereas a question as to what punishment should be awarded to the accused is a question of law.
Firstly,in its largest sense it is used to indicate that there are already well established rules on the matter and court is bound to follow them .That is the court has little diseretion over such matters.The matter before the court is either covered by law which has already been decided by the court in earlier cases.
In second sense,it is the question of law to consider as to what
the law is when there is no statutory enactment or law on a particular matter and there is no authoritative ruling and the count has to decide it for the first time.It is the Question of law.
In the third sense,questions of law are those which are left for decision by the judges while questions or fact are for jury to decide.It is true that the question of law are never referred to a judge.Those interrelation of a particular document is a question of fact but quite often.It is done by the judge himself.
Question of fact: In a general sense the question which are not question of law are questions of fact.
Salmons holds that a question of face is one which is not pre determined by the rule of law,or any question which except the question as to what the law is or any question which is to be answered by the jury.Evidence can be led to prove or disprove a question of fact.Thus whether a theft has been committed or not is a question of fact whereas a question as to what punishment should be awarded to the accused is a question of law.