We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Question of Law?

Mary McMahon
By
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A question of law is an issue which comes up before, during, or after a trial which pertains to interpretation of the law. Questions of law are decided by a judge, who weighs the available information, considers his or her knowledge of the law, and issues a ruling on the matter. Judges also determine whether or not a question brought up in court is a question of law or a question of fact, as questions of fact are decided by the jury, not the judge, in jury trials.

By contrast, a question of fact concerns the actual factual events which occurred. In trials where a jury is not present, the judge rules on both questions of law and fact, but in jury trials, only the jury can decide on the facts. It is the responsibility of the judge to make sure that the law is applied fairly and appropriately to the case, allowing the determination of facts to be made by the jury.

For example, in a murder trial, the question: “Did the defendant kill the deceased?” is a question of fact. It must be decided by the jury on the basis of the available information. By contrast, “If someone buys a gun, plans to kill a person, and shoots someone with it, is it first degree murder?” is a question of law. Questions of law can be raised by either party during the trial and they require legal expertise to answer.

When cases are appealed, it is most often questions of law which are discussed in the appeal. Unless there were drastic problems with the way the facts were presented at the initial trial or critical information was missing, the determination of the facts is considered valid. What may be questioned in the appeal is whether or not the questions of law were properly settled. Sometimes a question of law depends heavily on the discretion of the judge and another judge may rule that the first judge was actually incorrect.

When a judge makes a decision about a matter of law, the judge may issue a formal written opinion. This is especially important when the judge is making a decision which may be controversial, or is interpreting a law in a new way. This written opinion on a question of law can be referenced by other judges when they make determinations about matters of law, and such legal decisions become part of jurisprudence.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGeek researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments

By SZapper — On Oct 04, 2011

@indemnifyme - I have to say that I'm glad questions of law are decided by a judge and not a jury! Most people in this country don't even understand how our legal system works. I don't think I would trust any jury to interpret the laws of this country in the correct way.

But, I do think it's good that we have more than one person decided the outcome of a case. While it's only fair to decide the outcome of a case by using a jury, legal questions should be answer by someone who has legal expertise.

By indemnifyme — On Oct 04, 2011

I remember learning about this in school. One the ways laws are interpreted in this country is by the judicial branch making rulings. Even though the legislature makes the laws, it is the judicial branches job to decide exactly what they mean.

I think a lot of law firms know this though. I imagine some lawyers that do activist type work take certain cases just so they can push judges to answer questions of law. I can't blame them, but I think that is pretty slick of them.

Mary McMahon

Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.