Question of law and question of fact and mixed question of law and fact
Explain the term Question of law and question of fact and mixed question of law and fact.
1) Introduction
All questions which arise for determination before the court are two kinds. They are either questions of law or questions of fact. It becomes very difficult to create a difference between the question of law and the question of fact. The question of law consists of the theoretical rules and it is answered by judges by using different rules of law to determine the case. And question of fact consists of facts and it is determined by a jury in the light of facts and evidence relevant to the case. In the question of fact, the burden of proof on the plaintiff and such proof shows that the violation occurred
2) Definition of the question of Law
“Question of law is such question which is answered by judges by applying relevant legal principles to determine the rights of parties
3) Definition of question of Fact
“Question of fact is such question which is determined by the jury to find the facts by evidence to determine the rights of parties
4) Question of Law
According to Salmond, the term questions of law is used in three different senses.
The following are the related senses:
1. In the first sense questions to be answered by law
A court is bound to answer the question of law, according to rules set by law
to determine the rights of parties. While all other questions are questions of fact the court is not bound to give the answer to those questions on its own
Explanation
In a legal contract, if one of the parties fails to establish the terms and conditions of the contract, this is a question of law which will be dealt with by the court under the fixed principles of that contract act
2. In the second sense interpretation of statutory provisions
There are some such questions of law where the court is not quite clear about which kind of law will be applied to this question. In this case, rules of law are confused and require determination
Transformation of second sense into first sense
Once judges find out the answer to the question it becomes a precedent which establishes a question of law. In this case, the court is bound to answer the question of law accordingly
3. In the third sense questions to be answered by judges
Following are the general rules and exceptions about answers to the question of fact and
question of law.
a) General rule
There is a rule, that all questions of law will be answered by judges All questions of facts will be answered by the jury
b) Exceptions
There are many questions of fact which have been answered by judges while these were pure questions of fact that needed to be answered by the jury
5) Question of fact
The term question of fact also has two different senses:
1. Wider sense
In a wider sense, all questions which are not questions of law are questions of fact
According to Salmond
The question of fact means
I. Question of fact is such question which has not been previously determined by
rules of law
II. Question of fact is such a question where the court is not quite clear on which kind
of law will be applied to this question
III. Question of fact is such question which has been answered by the jury, not by
the judge
2. Narrow sense
Questions of fact are those questions which are not subject to the judicial discretion
and judges are unable to make their decisions at their discretion
6) Mixed question of law and fact
Some questions are partly questions of law and partly questions of fact such questions are called mixed questions of law and fact
Explanation
If two parties agree it can be a question of law as well as a question of fact
1) It is the question of law if the agreement has been made by involving the rules of
law
2) It is the question of fact if the agreement has been made without involving the rules of law
7) Difference between the question of law and fact
It is very difficult to create a difference between the question of law and the question of fact; the following are
the differences between the two.
1. As to relation to law
The question of law is purely related to the law
The question of fact is not related to the law
2. As to proof
There is no need to prove the question of the law
The question of fact needs to be proved
3. As to conversion
The question of law cannot converted into the question of fact
The question of fact may be converted into the question of law
4. Duty of judge
In the question of law, the judge must make the decision based on the rule oflaw
In question of fact, the judge must decide based on evidence
5. As to authoritative answered
Every question which has been authoritatively answered by the court is a question
of law. Every question which has not been authoritatively answered by the court is a
question of fact
8) Conclusion
To conclude, I can say that, all matters and questions which come before the Court of Justice either are questions of law or questions of fact or judge’s discretion. There is a tendency to transform them into questions of law. Even question of pure fact, there is already has been determined by authoritative answers