Question of fact

In law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

, a question of fact (also known as a point of fact) is a question which must be answered by reference to facts and evidence

Evidence (law)

The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...

, and inferences arising from those facts. Such a question is distinct from a question of law

Question of law

In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...

, 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
  Child neglect
  Child neglect is defined as:# "the failure of a person responsible for a child’s care and upbringing to safeguard the child’s emotional and physical health and general well-being"...
  
  ?

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

Trier of fact

A trier of fact is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.-Juries:...

, such as a jury

Jury

A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

, or a judge

Judge

A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

. In many jurisdiction

Jurisdiction

Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

s, such as the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, appellate court

Appellate court

An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...

s 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

Deference

Deference is the condition of submitting to the espoused, legitimate influence of one's superior or superiors. Deference implies a yielding or submitting to the judgment of a recognized superior out of respect or reverence...

 by appellate court

Appellate court

An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...

s.

See also

• Legal definition of fact
• Fact-finding
  Fact-finding
  Fact-finding is the job of a person or group of persons in a judicial or administrative proceeding that has or have the responsibility of determining the facts relevant to decide a controversy. The term trier of fact generally denotes the same function...
  
  
• Trier of fact in Anglo-American based legal systems