What is Question of Fact?
An issue in a case that must be decided based on the evidence presented, typically determined by a jury. Questions of fact involve what happened, who did what, and whether conduct was reasonable.
Understanding Question of Fact
Questions of fact are distinguished from questions of law, which are decided by the judge. Examples include whether a driver was speeding, whether a property owner knew of a hazard, or the extent of a plaintiff's injuries. Summary judgment cannot be granted when genuine questions of fact exist.
Examples
- 1Was the defendant driving above the speed limit?
- 2Did the property owner have notice of the dangerous condition?
- 3What is the extent of the plaintiff's permanent disability?
Related Terms
Summary Judgment
A court ruling that resolves a case or specific issues without a full trial, granted when there are no genuine disputes of material fact and one party is entitled to judgment as a matter of law.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Deposition
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
Help Your Clients Understand Their Case
Quilia makes it easy to communicate complex legal concepts to your clients.