QUESTION, punishment, crim. Law. A means that is sometimes used in some countries by torture to force alleged major criminals to reveal their accomplices or admit their crimes. 2. This torture is called a question because the unfortunate accused, since he must suffer, is questioned about his alleged crime or his accomplices. The same as torture. This is unknown in the United States. See Poth. Criminal procedure, § 5, art. 2, paragraph 3.
QUESTION, evidence. Questioning of a witness in which he is asked to explain the veracity of certain facts, insofar as he is aware of them. 2. The questions shall be either general or suggestive. A general question is one that requires the witness to know everything without any suggestion being made to him, such as who gave it the blow? 3. A guiding question is one that leads the witness`s mind to the answer or suggests it to him, how did A B give it up? 4. The Romans asked a question affirming the fact or alleged fact that the interrogator expected or wished to find in and through the answer to the proposed defendant, a suggestive interrogation, for isn`t your name A B? See key question. Abogado.com The #1 Spanish Legal Website for Consumers In law, a question of fact, also known as a question of fact, is a question that must be answered by reference to the facts and evidence, as well as the conclusions that flow from those facts.
Such a question is different from a point of law which must be answered by applying relevant legal principles. The answer to a question of fact (a “finding of fact”) usually depends on particular circumstances or factual situations. [2] The FindLaw Legal Dictionary — free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. If the pleadings and initial evidence in a case show that there is no factual dispute between the parties, a court of a party may render summary judgment. Summary judgment is a final judgment of the court on the merits before trial. A court may render summary judgment in a matter that does not involve disputes of fact, because such a case raises only one or more points of law, so the jury`s function of clarification of the facts is not required. LawInfo.com Bundesweites Anwaltsverzeichnis und juristische Verbraucherressourcen n. a problem which arises in the context of a dispute or prosecution and which concerns only the provision of the law as it applies to the facts of the case and to other purely legal questions. All “questions of law” that arise before, during and sometimes after a trial must be decided only by the judge and not by the jury. “Legal questions” are distinct from “questions of fact,” which are decided by the jury and only by the judge when there is no jury.
While questions of fact are decided by a trier of fact, who is often a jury in the common law system, legal issues are always decided by a judge or equivalent judge. While findings of fact in a common law legal system are rarely overturned by an appellate court, legal findings are easier to review. The distinction between “law” and “fact” has proven blurred wherever it is used. For example, the common law required that a plaintiff`s claim in a civil suit set out only the “facts” of his or her case, not the “legal findings.” Unfortunately, no one has ever been able to say whether the allegation that “on November 9, the defendant negligently ran over the plaintiff with his car at the intersection of State Street and Chestnut Street” is a finding of fact or a legal finding. In fact, the distinction between law and fact is only the legal version of the philosophical distinction between “empirical” and “analytical” statements, a distinction on which philosophers still cannot agree. In law, a question of law, also known as a question of law, is a question that must be answered by applying the relevant legal principles to the interpretation of the law. [1] Such a question is different from a question of fact, which must be answered by reference to the facts and evidence and the conclusions arising from those facts. Answers to legal questions are usually expressed in general principles of law and can be applied to many situations rather than according to particular circumstances or factual situations.
The answer to a question of law, as it applies to the particular facts of a case, is often referred to as a legal conclusion. In several civil courts, the highest courts consider questions of fact to be decided by the lower courts and deal only with questions of law. They can therefore refer a case to a lower court to reapply the law and respond to fact-based assessments based on their response to the application of the law. International courts such as the Benelux Court of Justice and the European Court of Justice respond to legal questions raised by judges of national courts only if they are uncertain about the interpretation of the law of multilateral organisations. All questions of fact can be proven or refuted by reference to a particular standard of proof. Depending on the nature of the case, the standard of proof may require that a fact be true as “more likely than not” (there is little more evidence for the fact than against, as established by a balance of probabilities) or beyond a reasonable doubt. QUESTION, exercise. A point on which the parties disagree and which is subject to the decision of a judge and jury. 2. If there is a doubt or disagreement about what the law is on a particular issue, it is called a question of law, and if the party objects, it is up to the court to decide; When it comes to truth or falsity, it is a question of fact that must be decided by the jury.
The answers to questions of fact are determined by a trier of fact, such as a jury or judge. In many jurisdictions, such as England and Wales, appellate courts generally do not consider remedies based on errors of fact (errors in the answer to a question of fact). On the contrary, the findings of fact of the first place of jurisdiction are generally the subject of considerable attention on the part of the courts of appeal. [3] A matter that falls within the jurisdiction of the judge, as opposed to the jury, because it concerns the application or interpretation of legal principles or statutes. At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet. Contact us. An issue may be characterized on appeal as a question of mixed law and fact. A mixed question arises when the facts of the case are acknowledged and the applicable rule of law is not challenged; The question then is whether the rule of law has been properly applied to the facts. In criminal proceedings, for example, suppose a trial court, at the defendant`s objection, allows the prosecution to present evidence that the defendant has been identified as the perpetrator. If the accused is found guilty and challenges the identification procedure on appeal, it is a question of law and fact. The Court of Appeal must decide whether the Court of First Instance correctly applied the Due Process in Identification Procedures Act to the specific identification procedure used in the case. In such a case, the Court of Appeal examines both the facts of the case and the decisions of the judge of first instance in cassation.
In a traffic case, for example, whether the defendant drove too fast would be a question of fact. Whether the speed regulations apply to the car park where the notice was issued would be a question of law. In another example, if an employee claims to have been discriminated against on the basis of dismissal for alcoholism, the reason for the dismissal would be a question of fact. Whether alcoholism as a disability is protected by laws that prevent discrimination on the basis of disability by employers would be a question of law. Are you a lawyer? Visit our professional website » A legal issue arises when the rule of law is challenged and decided by a judge rather than a jury. The jury`s task is to decide questions of fact, not law. Legal matters are sometimes referred to a state`s attorney general for deliberation. A question of law involves the interpretation of principles that are potentially applicable to other cases. On the other hand, a question of fact requires an interpretation of the circumstances of the case.
The clarification of questions of fact is the main task of the jury. The clarification of legal issues is a main task of the judge. On appeal, the trial court`s decision on a point of law is usually examined more closely than findings of fact made by a jury.