Académique Documents
Professionnel Documents
Culture Documents
All questions which arise for consideration and determination in a court of justice are
of two kinds, i.e.,Question of law and question of fact.
Question of law
Question of law, also known as a point of law, is a question that must be answered by
applying relevant legal principles to interpretation of the law.
All questions
i) which have already been answered by the law or
ii) which answered by the court and became judicial precedent for similar cases or
iii) which is to be answered by the court without recording the evidence
are questions of law.
Question of fact
Question of fact which must be answered by reference to facts and evidence (means to
prove facts) as well inferences (which can be inferred from fact) arising from those
facts.
In general sense
Answers to questions of law are generally expressed in terms of broad legal principles
and can be applied to many situations rather than be dependent on particular
circumstances or factual situations. An answer to a question of law as applied to the
particular facts of a case is often referred to as a "conclusion of law."
To illustrate the difference:
• Question of fact: Did Mr A cause accident in which his vehicle involved and
Mr B died?
Was Mr A driving his vehicle negligently or guilty of rash and negligent
driving?
Did husband abuse wife for not preparing food well?
• Question of law: Is Mr A liable to pay compensation to the legal heirs of Mr
B?
Is Mr A liable to be punished under criminal law for rash and
negligent driving?
Is husband guity of causing mental cruelty to wife by abusing her for not
preparing food well?
Mixed Question of law and question of fact
There are also mixed questions which are partly questions of fact and partly of law.
Example:
Whether a partnership exists between A and B is partly one of (question of ) fact (viz., what
agreement has been made between them) and partly one (question )of law (viz., whether such an
agreement is sufficient to constitute thelegal relation of partnership).
Example: Wherether relationship between Mr A and Ms C is husband and wife is partly a question
of fact i.e., whether they got married and partly question of law i.e., is their marriage valid/legal one
or not.
Conclusion
Question of law is one which is answered by law or judicial precedent and judges.
Question of fact is one which can be proved through recording evidence. Itexcludes the discretion
of the court to decide the matter.