14:58
unless ur innside and warm
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
mixed question of law and fact
Read a random definition: Private nuisance
A quick definition of mixed question of law and fact:
A mixed question of law and fact is a type of issue that is not purely based on facts or purely based on the law. It requires both legal and factual analysis to be resolved. These types of issues are usually decided by a jury. They are also known as mixed questions or mixed questions of fact and law. Mixed questions can arise in various areas of the law, such as criminal law, administrative law, and trial law. They are not protected by the "clearly erroneous" rule and can be freely reviewed.
A more thorough explanation:
A mixed question of law and fact is an issue that involves both legal and factual elements. It is not purely a question of fact or purely a question of law. These types of issues are typically resolved by juries.
For example, in a criminal trial, the question of whether the defendant acted with intent to commit a crime is a mixed question of law and fact. The jury must consider the facts of the case and apply the relevant legal standard to determine whether the defendant had the necessary intent.
Another example is in a contract dispute. The question of whether a contract was breached may involve both factual elements, such as whether the parties agreed to certain terms, and legal elements, such as whether the breach was material.
Overall, mixed questions of law and fact require a combination of legal analysis and factual determination to reach a resolution.