Question of Law and Question of Fact

Question of Law and Question of Fact

All maters which come up before a court will consist of question of law or question of fact. It is very important for the court to find out a matter is a question of law or question of fact, because there legal effect is different.

Question of Law:

Question of Law is a question as to what the law is. It is a matter related with law. It is a matter which needs not to proof before a court. Generally it is presumed that all (every person) are aware about law. For this ignorance of law not give any exemption from the wrong.

Question of Fact:

Question of Fact is a question as to what the fact is. It is a matter related with fact. It is a matter which needs to proof by sufficient evidence before a court. Generally, the question which has not been predetermined and authoritatively answered by the law, is a question of fact.

Conversion from Question of Fact to Question of Law:

When a court finally settles a question of fact, it may convert to a question of law as a form of Precedent.

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