Question of fact

From Wikipedia, the free encyclopedia

This article does not cite any references or sources. Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed. (April 2007)

In law, a question of fact (also known as a point of fact) is a question which must be answered by reference to facts and evidence, and inferences arising from those facts. Such a question is distinct from a question of 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.

Answers to questions of fact are determined by a trier of fact, such as a jury, or a judge. In many jurisdictions, such as the United States, appellate courts 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 by appellate courts.

[edit] See also

• Fact
• Legal definition of fact