short note: what is Question of law?
February 20, 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.
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.