Legal Definitions - Question of fact

A question of fact refers to an issue in a legal case that must be resolved by determining what actually happened or what is true, based on the evidence presented. Unlike a "question of law," which a judge decides by interpreting statutes or legal precedents, a question of fact is decided by the "trier of fact"—typically a jury, or a judge in a trial without a jury. The trier of fact weighs the credibility of witnesses, evaluates physical evidence, and ultimately decides which version of events or which pieces of information are most believable.

In some legal systems, determining the content or interpretation of foreign law can also be treated as a question of fact. This means that parties who wish to rely on foreign law must present evidence to prove what that law is, much like proving any other factual claim in a case.

Here are some examples illustrating a question of fact:

• Car Accident Liability: A pedestrian sues a driver after being hit by a car. The driver claims they had a green light, while the pedestrian and an independent witness claim the driver ran a red light.

  • How it illustrates: The central issue of whether the driver ran the red light is a question of fact. The jury (or judge, if there's no jury) must listen to the testimonies, consider any traffic camera footage or other evidence, and decide whose account is more credible to determine what actually occurred at the intersection.

• Employee Misconduct: A company fires an employee, alleging they misused company funds for personal expenses. The employee denies the accusation, stating all expenses were legitimate business costs.

  • How it illustrates: Whether the employee actually misused company funds is a question of fact. The court will examine financial records, company policies, witness statements, and other evidence to determine if the factual claim of misconduct is proven. The trier of fact must decide if the expenses were indeed personal or business-related.

• International Contract Interpretation: Two companies, one based in the United States and one in Germany, enter into a complex manufacturing agreement. A dispute arises regarding a specific clause, and the contract specifies that German law will govern any disagreements.

  • How it illustrates: When the case is heard in a U.S. court, the specific provisions and interpretation of German contract law relevant to the dispute become a question of fact. Legal experts on German law might be called to testify, and their interpretations would be treated as evidence for the jury (or judge) to weigh and decide upon, rather than the judge simply applying U.S. law directly.