Success in law school is 10% intelligence and 90% persistence.

✨ Enjoy an ad-free experience with LSD+

Legal Definitions - fact issue

LSDefine

Definition of fact issue

A fact issue refers to a point of disagreement in a legal case about what actually happened or what the true circumstances were. It is a question that needs to be resolved by examining evidence and determining the truth of the matter, rather than by interpreting a law. In a trial, a jury is typically responsible for deciding these factual disputes.

  • Example 1: Car Accident Liability

    Imagine two drivers involved in a collision at an intersection. Driver A claims they had a green light, while Driver B insists their light was green. The question of which driver actually had the green light at the moment of impact is a fact issue. To resolve this, a court would consider evidence such as witness testimony, traffic camera footage, or expert analysis of vehicle damage and skid marks to determine the true sequence of events.

  • Example 2: Breach of Contract

    A homeowner hires a contractor to renovate their kitchen. After the work is completed, the homeowner sues, claiming the contractor failed to install the specific brand of high-end appliances they had verbally agreed upon. The contractor, however, testifies that no such specific brand was ever discussed or promised, only a general quality standard. The question of whether the contractor verbally promised to install a specific brand of appliances is a fact issue. The court would need to weigh the testimony of both parties, along with any written communications or other evidence, to determine what was actually agreed upon.

  • Example 3: Criminal Intent

    A person is charged with theft after taking an item from a store without paying. The prosecution argues the person intentionally concealed the item and left, demonstrating an intent to steal. The defense claims the person simply forgot to pay for the item while juggling multiple purchases and was distracted by a phone call, thus lacking the necessary criminal intent. The question of whether the person intended to permanently deprive the store of the item is a fact issue. The jury would examine all the evidence, including surveillance footage, witness statements, and the defendant's own testimony, to decide what the defendant's state of mind was at the time of the incident.

Simple Definition

A fact issue, also known as an issue of fact, refers to a dispute between parties in a legal case about what actually happened. It is a question that must be resolved by a judge or jury based on the evidence presented, rather than a question about how the law applies.

Every accomplishment starts with the decision to try.

✨ Enjoy an ad-free experience with LSD+