Need help with a legal problem, but can`t afford a lawyer? We have your answer! ABA Free Legal Answers is a website where you can ask your questions about civil (non-criminal) legal issues and get answers from pro bono lawyers in your state. Legal questions are submitted online – all you need is an internet connection. Volunteer lawyers are able to answer your questions outside of normal business hours – you don`t have to go to a clinic or legal aid office. A question of law arises when the rule of law is challenged and is decided by a judge rather than a jury. The jury`s task is to decide questions of fact, not law. Legal matters are sometimes referred to a state`s attorney general for deliberation. ABA Free Legal Answers is grateful for the American Arbitration Association-International Centre for Dispute Resolution`s generous investment in the program since 2019. This partnership continues our shared mission to improve access to legal services and improve outcomes for individuals and families in need. In certain cases, the State Supreme Court may, at the request of a party to an ongoing or ex officio dispute, certify a point of law in the highest court of another state or tribe or of Canada, a Canadian province or territory, Mexico or a Mexican state if: If the pleadings and initial evidence in a case show: there is no real dispute between the parties, a court may render summary judgment to a party.

Summary judgment is a final judgment of the court on the merits before trial. A court may render summary judgment in a matter that does not involve disputes of fact, because such a case raises only one or more points of law, so the jury`s function of clarification of the facts is not required. Legal issues relate to elements such as the law to be applied to a particular case or controversy, how to apply the law in a case, relevant and/or admissible evidence, and instructions to be given to a jury. In criminal proceedings involving chemical evidence, such as a breathalyzer test in a drunk driving case, or ballistics evidence is a murder case, that evidence may be suppressed by the judge if an interpretation of the existing law suggests that the evidence should not be admitted at trial. The validity of an arrest and the admissibility of a confession, the admissibility of evidence, these are all legal issues. Traditionally, legal issues can only be decided by a judge. (2) In some jurisdictions, a question relating to the determination and/or interpretation of foreign law in a case. A party who wishes to invoke a foreign right must prove it like any other fact that has not been noticed in court. In some jurisdictions, a question of fact relating to the determination and/or interpretation of foreign law is resolved by a jury or, in court proceedings, by a judge. An issue may be characterized on appeal as a question of mixed law and fact.

A mixed question arises when the facts of the case are acknowledged and the applicable rule of law is not challenged; The question then is whether the rule of law has been properly applied to the facts. In criminal proceedings, for example, suppose a trial court, at the defendant`s objection, allows the prosecution to present evidence that the defendant has been identified as the perpetrator. If the accused is found guilty and challenges the identification procedure on appeal, it is a question of law and fact. The Court of Appeal must decide whether the Court of First Instance correctly applied the Due Process in Identification Procedures Act to the specific identification procedure used in the case. In such a case, the Court of Appeal examines both the facts of the case and the decisions of the judge of first instance in cassation. While questions of fact are decided by a trier of fact, who is often a jury in the common law system, legal issues are always decided by a judge or equivalent judge. While findings of fact in a common law legal system are rarely overturned by an appellate court, legal findings are easier to review. (1) A question of fact, not a question of law. A question of fact is decided by a trier of fact, that is, a jury or, in a court case, by a judge who evaluates the strength of the evidence and the credibility of witnesses.

Conversely, a question of law is always clarified by a judge. A matter that falls within the jurisdiction of the judge, as opposed to the jury, because it concerns the application or interpretation of legal principles or laws. Your donation allows low-income citizens to get their legal questions answered from volunteer attorneys licensed in their state. In law, a question of fact, also known as a question of fact, is a question that must be answered by reference to the facts and evidence, as well as the conclusions that flow from those facts. Such a question is different from a point of law which must be answered by applying relevant legal principles. The answer to a question of fact (a «finding of fact») usually depends on particular circumstances or factual situations. [2] Read the news about ABA Free Legal Answers, which gives eligible users the opportunity to ask civil law questions to pro bono lawyers. See, for example, Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996) (on questions of fact generally) and Griffin v.

Mark Travel Corp., 724 N.W.2d 900 (Wis. Ct. App. 2006) (concerning foreign law). In several civil courts, the highest courts consider questions of fact to be decided by the lower courts and deal only with questions of law. They can therefore refer a case to a lower court to reapply the law and respond to fact-based assessments based on their response to the application of the law. International courts such as the Benelux Court of Justice and the European Court of Justice respond to legal questions raised by judges of national courts only if they are uncertain about the interpretation of the law of multilateral organisations. ABA Free Legal Answers expresses its gratitude for the essential partnership and support with Baker Donelson.

The firm`s generous contributions include strategic leadership, web development and technology services, annual financial contributions, and pro bono lawyers who briefly advise clients on legal advice from the outset. Thank you for improving access to legal services across the country. At any stage of a trial, before or during trial, a judge may have to decide whether to let a jury decide on a particular issue. In making this decision, the judge considers whether it is a question of law or fact. If it is a question of fact, it should be decided by the jury at trial. If it is a point of law, the judge can decide it without giving the parties an opportunity to present evidence and witnesses to the jury. But what exactly is a «question of fact» and how does it differ from a legal question? In criminal proceedings, a question of fact might be: «Was a search warrant justified by probable grounds» or, looking at the rules of evidence, «Is a breathalyzer test or blood test permitted?» Another common legal issue might be, «Was the traffic stop legal?» These are all issues that a judge must decide before trial. A jury does not have the authority or power to decide these legal issues and therefore cannot dismiss a case, for example, because the police unlawfully arrested or arrested you. On appeal, the trial court`s decision on a point of law is usually examined more closely than findings of fact made by a jury. Since the investigator is present at trial, he is in a better position than the Court of Appeal to evaluate the evidence and witness statements. The answers to questions of fact are determined by a trier of fact, such as a jury or judge.

In many jurisdictions, such as England and Wales, appellate courts generally do not consider remedies based on errors of fact (errors in the answer to a question of fact).