question of law
Học thuậtThân thiện
Definition
Noun: A question of law is a legal issue concerning the interpretation, application, or validity of a law, statute, regulation, or legal principle. It involves a dispute over what the correct legal rule or standard is, rather than a dispute over the factual circumstances of a case. Such questions are typically resolved by a judge, not a jury.
Usage
This term is used in legal contexts to distinguish issues that require judicial determination from "questions of fact," which are decided by a jury (or a judge acting as a fact-finder). It frames a legal debate for a court.
Examples
- The defense argued that the police search violated the Fourth Amendment; the judge agreed this was a question of law for the court to decide.
- Whether the contract's terms are ambiguous is a question of law.
- The appeal focused solely on a question of law: the proper legal definition of "negligence" in this context.
Advanced Usage
- De novo review: On appeal, a question of law is often reviewed , meaning the appellate court examines it anew without deference to the lower court's conclusion.
- Mixed question of law and fact: Some issues involve applying a legal standard to established facts. These are sometimes called "mixed questions" and the standard of review can vary.
Variants and Related Words
- Legal issue: A more general synonym for a point of law in dispute.
- Matter of law: A phrase often used interchangeably with "question of law."
- Question of fact (Antonym): An issue concerning what actually happened in a case, typically decided by a jury.
Synonyms
- Legal issue
- Point of law
- Matter of law
Related Phrases
- Issue of law: Functionally identical to "question of law."
- Pure question of law: Emphasizes that the issue involves legal interpretation, with no factual dispute.
Noun
- a disputed legal contention that is generally left for a judge to decide