Warning
Info
Warning
Info
Simple English definitions for legal terms
Question of law
Read a random definition: kin
A quick definition of Question of law:
Question of law: A question that only a judge can answer, not a jury. It's about understanding and applying the law correctly. This includes deciding which law to use if there are different ones that could apply. Sometimes, even if it's a question of fact, a judge will still be the one to make the decision.
A more thorough explanation:
A question of law is an issue that is always resolved by a judge, not a jury. It includes:
- An issue regarding the application or interpretation of a law.
- An issue regarding what the relevant law is. If there are two or more mutually exclusive laws, a judge determines which law is relevant.
- An issue of fact that nevertheless has been reserved for judges, not juries, to resolve.
For example, in the case of White v. Continental Cas. Co., the court had to determine whether a particular insurance policy covered a certain type of damage. This was a question of law because it involved interpreting the language of the policy and applying it to the facts of the case.
Another example of a question of law is when a judge has to decide which law applies in a case where there are conflicting laws from different jurisdictions.
Overall, a question of law is an important part of the legal system because it helps ensure that the law is applied consistently and fairly.