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Tag: what is question of law

what is question of law

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What is meant by the substantial question of law?

Ltd., that “a question of law would be a substantial question of law if it directly or indirectly affects the rights of parties and/or there is some doubt or difference of opinion on the issue”.

How to answer problem questions in law?

Issue Begin your answer by stating the issue presented by the essay question. Sometimes the question will provide the issue for you. If not, then ask: What is the legal question that, when answered, determines the result of the case? The issue should be stated in the form of a question in a specific, rather than general

What kind of lawyer should I be?

Types of LawyersPersonal Injury Lawyer. If you’ve suffered injuries in an accident—for example,a car accident—the type of lawyer you’ll want to see is a personal injury lawyer.Estate Planning Lawyer. …Bankruptcy Lawyer. …Intellectual Property Lawyer. …Employment Lawyer. …Corporate Lawyer. …Immigration Lawyer. …Criminal Lawyer. …Medical Malpractice Lawyer. …Tax Lawyer. …More items…

What are the professional requirements for becoming a lawyer?

What are the Professional Requirements for Becoming a Lawyer?Bachelor’s Degree. Anyone who wants to pursue a law degree must first complete a bachelor’s degree program (or its equivalent).Law School. The next step is to graduate from or complete at least three years at a law school accredited by the American Bar Association,with slight variations from …State Bar Exam. …Character and Fitness Review. …Oath. …More items…

Why does a court grant summary judgment in a case that contains no factual disputes?

A court may grant summary judgment in a case that contains no factual disputes because such a case presents only a question, or questions, of law, so the fact-finding function of the jury is not needed.

What is the function of a judge?

Resolving questions of law is a chief function of the judge. If the pleadings and initial evidence in a case show that there are no factual disputes between the parties, a court may grant Summary Judgment to a party. Summary judgment is a final judgment in the case made by the court before trial. A court may grant summary judgment in a case …

What happens if a defendant challenges the identification procedure on appeal?

If the defendant is found guilty and challenges the identification procedure on appeal, the question is one of both law and fact. The appeals court must decide whether the trial court correctly applied the law on due process in identification procedures to the particular identification procedure used in the case.

What is a question of law?

Question of Law. An issue that is within the province of the judge, as opposed to the jury, because it involves the application or interpretation of legal principles or statutes. At any stage in a proceeding, before or during trial, a judge may have to determine whether to let a jury decide a particular issue.

What is the difference between a question of law and a question of fact?

A question of law involves the interpretation of principles that are potentially applicable to other cases. In contrast, a question of fact requires an interpretation of circumstances surrounding the case at hand. Resolving questions of fact is the chief function of the jury. Resolving questions of law is a chief function of the judge.

What is a mixed question?

A mixed question occurs when the facts surrounding the case are admitted and the rule of the applicable law is undisputed; the issue then is whether the Rule of Law was correctly applied to the established facts. In a criminal case, for example, assume that a trial court, over the objection of the defendant, allows the prosecution …

What is the difference between a fact finder and an appeals court?

Being present at the trial, the fact finder is in a better position than the appeals court to evaluate evidence and testimony.

What is a mixed question of law?

Question of Law and Question of Facts and Presumption. Questions which arise for determination before a Court of law are considered either question of law or question of facts or a mixture of both, known as mixed questions of law and fact.

What is the rule of law that the Courts and Judges shall draw a specific inference from particular facts or?

A presumption means a rule of law by which the Courts and Judges shall draw a specific inference from particular facts or from particular evidence unless and until the reality of that inference is disproved.

What is a rebuttable presumption?

Rebuttable presumptions are such as can be drawn by the Court if sufficient evidence is given to satisfy the Court that the inference drawn by it is incorrect.

What is the difference between a question of law and a question of fact?

Question of law is that whose answer already prescribed by rule of law while Question of fact is that whose answer is not prescribed by the rule of law.

What are the three types of facts?

According to Salmond, all matters and questions which come before a court of justice are of three kinds viz., matters and questions of law, matters and questions of judicial discretion and matters and questions of fact .

What is a question of fact?

Question of fact means a question apart from a question of law. Thus,

What is the duty of the court in a first case?

In the first case, it is the duty of the court to ascertain the law and decide the case accordingly. In the second case, the court can exercise its own judgement and decide the dispute according to what it considers to be right, just, equitable or reasonable.

What is a question of law and who decides these questions?

The validity of an arrest, and the admissibly of a confession, the admissibility of evidence, these are all legal questions. Traditionally, questions of law may only be resolved by a judge.

What is the difference between questions of law and questions of fact?

The short and simple answer is that questions of law are for the judge to decide whereas questions of fact are for the jury to decide. However, while technically correct, this short answer is incomplete. Especially if you are charged with a crime like intoxicated driving.

What is a question of fact?

But what exactly is a “question of fact” and how does that differ from a question of law? In a criminal case a question of fact might be “was a search warrant supported by probable cause” or, looking at the rules of evidence, “is the breath or blood test admissible?” Another common legal issue might be “was the traffic stop lawful.” These are all issues for a judge to decide prior to trial. A jury does not have the authority or power to decide these legal issues, and therefore cannot, for example, dismiss a case because the police unlawfully stopped or arrested you.

Why is it important to discuss the limits of a jury?

Because it’s not always easy to understand the limits or extent of power of a jury in a criminal case it will be important for you to discuss any legal vs. factual issues that may exist in your case , the strengths and weaknesses of these issues, and how these issues may play out during a jury trial. Armed with this information you will be able to make fully informed trial or no-trial decision.

Why do judges make findings of fact?

However, in deciding these legal issues, judges often must make findings of fact, and this is because most issues are a combination of law and facts. This is where things get more difficult to understand or explain. “ [T]he appropriate methodology for distinguishing questions of fact from questions of law has been, to say the least, elusive.”.

Can a jury decide if a breathalyzer is admissible?

For example, if prior to trial your lawyer argues that the breath test should be suppressed because the police didn’t observe you continuously for 15 minutes prior to the breath test, and the judge denies the motion, the judge is saying that your legal issue “goes to weight rather than admissibility.” This means the judge has found that the breath test is admissible, but it’s up to the jury to decide what weight to give the test. In this example, it means the jury must decide if the lack of 15-minute observation means the test is not reliable. Again, the Michigan Criminal Jury Instructions cover this issue in 15.5.

Can a jury decide a case before trial?

These are all issues for a judge to decide prior to trial. A jury does not have the authority or power to decide these legal issues, and therefore cannot, for example, dismiss a case because the police unlawfully stopped or arrested you.