Legal Definitions - mixed question

A mixed question in law refers to an issue that requires a court or decision-maker to apply a legal rule or standard to a set of established facts. It is considered "mixed" because it involves both:

• Determining what actually happened (a question of fact), and
• Interpreting what the law means and how it applies to those facts (a question of law).

Unlike a pure question of fact (e.g., "Did the car run the red light?") or a pure question of law (e.g., "What is the legal speed limit on this road?"), a mixed question asks whether the facts, once determined, satisfy a particular legal standard.

Examples of Mixed Questions:

• Example 1: Negligence in a Personal Injury Case

  Imagine a scenario where a pedestrian is hit by a car. The facts might establish that the driver was looking at their phone and exceeded the speed limit. The legal standard for negligence requires determining if the driver failed to act as a "reasonable person" would under similar circumstances, causing harm.

  The mixed question here is: "Was the driver's conduct (looking at their phone and speeding) negligent under the law?" This requires first establishing the facts of the driver's actions and then applying the legal definition of negligence to those facts to decide if the driver breached their duty of care. It's not just about *what happened* (fact) or *what the law says about speeding* (law), but whether *those specific facts* meet the legal standard of negligence.

• Example 2: "Effective Assistance of Counsel" in a Criminal Appeal

  A defendant convicted of a crime might appeal, claiming their trial attorney provided "ineffective assistance of counsel." The facts might show that the attorney failed to interview a crucial alibi witness or neglected to object to certain evidence.

  The mixed question is: "Did the attorney's performance (or lack thereof) constitute ineffective assistance of counsel as guaranteed by the Constitution?" This involves determining the specific actions and inactions of the attorney (facts) and then applying the legal standard established by courts for what constitutes "effective assistance" to decide if the attorney's performance fell below an objective standard of reasonableness and prejudiced the defendant's case.

• Example 3: "Probable Cause" for a Search

  Police officers might stop and search an individual's backpack. The facts might be that the officers observed the individual nervously glancing around in a high-crime area, then saw a suspicious bulge in their bag, and the individual attempted to flee when approached.

  The mixed question is: "Did the officers have probable cause to search the individual's backpack?" This requires establishing the specific observations and actions of the individual and the officers (facts), and then applying the legal standard of "probable cause" (which requires a reasonable belief that a crime has been or is being committed, or that evidence of a crime will be found) to those facts to determine if the search was lawful.