Definition

Noun A disputed factual contention that is generally left for a jury to decide. It refers to an issue in a legal case that concerns what actually happened, involving the resolution of conflicting evidence about real events, as opposed to an issue concerning the interpretation or application of law.

Usage

This term is used primarily in legal contexts to classify a type of issue that must be resolved during a trial. It is the jury's role (or the judge's in a bench trial) to answer these questions by weighing the evidence presented.

Examples

• In the murder trial, whether the defendant was at the scene of the crime was a question of fact for the jury.
• The dispute over the contract's delivery date presented a question of fact, requiring witness testimony to resolve.
• Determining if a driver was negligent is often a question of fact, not a question of law.

Advanced Usage

• "To present a question of fact": To introduce an issue that requires factual determination, often preventing summary judgment.
  • The conflicting affidavits presented a genuine question of fact, so the judge denied the motion for summary judgment.
• "Trier of fact": The entity (jury or judge) responsible for resolving questions of fact.
  • As the trier of fact, the jury must carefully consider all evidence related to the question of fact.

Variants and Related Words

• Question of law (n): A disputed issue concerning the application or interpretation of the law, which is decided by a judge.
• Mixed question of law and fact (n): An issue that involves applying legal standards to established facts.

Synonyms

• Factual issue
• Issue of fact
• Matter of fact (in a legal sense)

Related Phrases

• Genuine issue of material fact: A legal standard meaning a disputed factual issue that is significant enough to affect the outcome of the case, often cited in rulings on summary judgment.
  • The court found there was a genuine issue of material fact regarding the defendant's intent.

Noun

1. a disputed factual contention that is generally left for a jury to decide