Question of fact
In law, a question of fact, also known as a point of fact, is a question which must be answered by reference to facts and evidence, and inferences arising from those facts. Such a question is distinct from a question of law, which must be answered by applying relevant legal principles. The answer to a question of fact (a "finding of fact") is usually dependent on particular circumstances or factual situations.
To illustrate the difference:
- Question of fact: Did Mr. and Mrs. Jones leave their 10-year-old child home alone with their baby for 4 days?
- Question of law: Does leaving a baby with a 10-year old child for 4 days fit the legal definition of child neglect?
All questions of fact are capable of proof or disproof, by reference to a certain standard of proof. Depending on the nature of the matter, the standard of proof may require that a fact be proven to be "more likely than not", that is there is barely more evidence for the fact than against, as established by a preponderance of the evidence; or true beyond reasonable doubt.
Answers to questions of fact are determined by a trier of fact, such as a jury, or a judge. In many jurisdictions, such as the United Kingdom, appellate courts generally do not consider appeals based on errors of fact (errors in answering a question of fact). Rather, the findings of fact of the first venue are usually given great deference by appellate courts.
- "Qestion of fact". Legal Information Institute. Cornell University Law School. Retrieved 11 November 2014.
- Sharma, Riecha; Tacey, Sam. "The Decision is Final: English High Court Rules That There Can Be No Appeal Against Arbitration Awards on Issues of Fact". edwardswildman.com. Edwards Wildman Palmer. Retrieved 11 November 2014.
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