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In law
LAW

LAW may refer to:* Anti-tank warfare, e.g. the US Army M72 LAW or the British Army LAW 80*Palestinian Society for the Protection of Human Rights ...
, 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 governs the use of testimony and exhibit s or other documentary material which is admissible in a dispute resolution ....
, 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....
, 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:

All questions of fact are capable of proof or disproof, by reference to a certain standard of proof.






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In law
LAW

LAW may refer to:* Anti-tank warfare, e.g. the US Army M72 LAW or the British Army LAW 80*Palestinian Society for the Protection of Human Rights ...
, 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 governs the use of testimony and exhibit s or other documentary material which is admissible in a dispute resolution ....
, 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....
, 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
Burden of proof

The burden of proof is the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position . The burden of proof may only be fulfilled by evidence....
.

Answers to questions of fact are determined by a trier of fact
Trier of fact

A trier of fact is a person who determines Question of facts in a legal proceeding. To determine a fact is to decide, from the evidence, whether something existed or some event occurred....
, such as a jury
Jury

A jury is a sworn body of people convened to render a rationalism, impartiality verdict officially submitted to them by a court, or to set a sentence or judgment....
, or a judge
Judge

A judge, or arbiter of justice, is a lead official who presides over a court of law,which is operated by the local, state, and/or federal government....
. In many jurisdiction
Jurisdiction

In law, 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 government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
, appellate court
Appellate court

An appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appell...
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 denotes the extent to which a court respects the authority or validity of a government act or decision during the process of judicial review....
 by appellate court
Appellate court

An appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appell...
s.