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Simple English definitions for legal terms
Question of fact
Read a random definition: secundum vires inventarii
A quick definition of Question of fact:
A question of fact is a situation where people need to figure out what really happened. This is different from a question of law, which is about what the rules are. When there is a question of fact, a group of people called a jury or a judge will listen to the evidence and decide what they think is true. Sometimes, there can also be a question of fact about what the rules are in another country, and the jury or judge will have to figure that out too.
A more thorough explanation:
A question of fact is an issue that needs to be resolved by a trier of fact, such as a jury or a judge, based on the strength of evidence and credibility of witnesses. It is different from a question of law, which is always resolved by a judge.
For example, in a personal injury case, a question of fact could be whether the defendant's negligence caused the plaintiff's injuries. The jury would need to weigh the evidence presented by both sides and determine whether the defendant's actions were the cause of the plaintiff's injuries.
In some cases, a question of fact may also arise regarding the determination and interpretation of foreign law. In such cases, the party seeking to rely on foreign law must prove it like any other fact that has not been judicially noticed.
For instance, in a contract dispute involving a foreign company, a question of fact could be whether the foreign company's actions were in compliance with the laws of their home country. The jury or judge would need to determine the facts surrounding the foreign law and interpret it accordingly.
Overall, a question of fact is an important aspect of any legal case that requires the trier of fact to weigh the evidence and make a decision based on the facts presented.