Legal Definitions - fact question

A fact question, also referred to as a question of fact, is an issue in a legal case that requires a determination of what actually happened, what was said, or what someone's intentions were. It involves evaluating evidence to establish the truth of specific events, circumstances, or states of mind. In a trial, questions of fact are typically decided by a jury, or by a judge if there is no jury, based on the evidence presented by both sides.

Here are some examples illustrating a fact question:

• Example 1 (Criminal Intent): In a shoplifting trial, a store's security footage shows a person placing an item into their bag and walking past the registers without paying. The defense argues that the person was distracted by a phone call and simply forgot to pay, intending to do so later. The prosecution contends that the act was deliberate.

  Explanation: The core fact question here is whether the defendant possessed the intent to permanently deprive the store of its property. The jury must weigh the video evidence, the defendant's testimony, and any other relevant information to determine the defendant's state of mind at the time of the incident. This is not about interpreting the law of shoplifting, but about establishing the factual truth of the defendant's intent.

• Example 2 (Contract Dispute): A construction company sues a concrete supplier, claiming the concrete delivered for a foundation project was below the specified strength, leading to structural instability. The supplier counters that the concrete met all contractual specifications upon delivery and any issues arose from the construction company's improper pouring or curing techniques.

  Explanation: The central fact question is whether the concrete was defective at the time of delivery. The court (or jury) would need to examine evidence such as concrete test results, expert testimony on material quality, construction logs, and witness accounts of the pouring process to determine the actual condition of the concrete when it arrived and how it was handled thereafter. This resolves a dispute about the physical properties and handling of the material.

• Example 3 (Personal Injury): During a civil trial for a car accident, one driver testifies that the other driver failed to stop at a red light. The other driver insists that their light was green and the first driver ran a red light. There are no traffic cameras at the intersection.

  Explanation: The primary fact question is which driver had the right-of-way, specifically, what color the traffic light was for each driver at the moment of impact. The jury or judge would consider witness testimonies, accident reconstruction reports, physical evidence from the scene (like skid marks or vehicle damage), and any other available information to determine the sequence of events and establish the factual truth about the traffic light signals.