Question of law

Question of Law is a legal term that refers to an issue that is within the province of the judge, as opposed to the jury. It involves the application or interpretation of the law such as constitutional provisions, statutes, regulations, or precedents established by higher courts.

Definition

A Question of Law arises when the facts are known, and the dispute is over how the law applies to those facts. It is a matter that is decided by a judge, who must interpret relevant legal principles or statutes. This is in contrast to a Question of Fact, which is decided by the jury (or the judge in a bench trial) and involves determining what the facts of a case actually are.

Role in Legal Proceedings

In a trial, the judge is responsible for resolving all questions of law. This includes preliminary matters, such as whether evidence is admissible, as well as final matters, such as instructing the jury on the law that applies to the case at hand. The judge's decisions on questions of law are subject to review on appeal, but the jury's findings of fact are not.

Examples

Examples of questions of law include whether a statute is constitutional, how a law should be interpreted, whether certain evidence can be considered by a jury, or whether a contract is enforceable. These are all matters that require legal expertise to resolve, and thus are decided by the judge rather than the jury.

See Also

• Question of Fact
• Trial
• Appeal
• Statute
• Constitutional Law
• Contract Law