What’s a fact query?

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A matter of fact is a legal dispute over a material fact, distinct from a question of law. Judges or juries settle matters of fact. Determining whether a case is a matter of law or fact can affect whether it goes to trial or is subject to summary judgment. Cases centered on a matter of fact are difficult to appeal.

A matter of fact is a legal issue or dispute over a material fact in a case. This is a distinct matter from a question of law, which requires the use of legal principles to resolve. If there is a matter of fact, a judge or jury, also known as judges of fact, will be assigned to settle the matter at hand.
Whether a dispute is a matter of fact or law can be confusing. Usually, most examples of a question of fact will ask if and how an event or action occurred, while a question of law will ask whether an event or action was legal. For example, a question of law might ask whether defendant Joe shooting and killing his wife is premeditated murder or a crime of passion. A fact question, in contrast, would ask whether defendant Joe shot and killed his wife.

While the categories may become somewhat obscure, determining whether something is a matter of law or fact can play a large role in whether a case goes to trial or is subject to a summary judgment. If no questions of fact of a case are disputed and the case clearly contains only a point of law, a judge may choose to decide the case summarily rather than order a trial. If, for example, if a person accused of speeding receives a ticket, but both he and the issuing officer agree that he was only speeding on his own property, it could be considered a question of whether or not a speeding law applies to the property of personal property by right. Depending on the applicable traffic laws, the judge may decide to summarily rule the issue by saying whether or not the speeding law applies in this case.

A key to determining whether a case will go to trial is whether the question of facts is relevant to the case. If the disputed fact concerns a minor element that has nothing to do with the case, the judge may decide to issue a summary judgment and ignore the matter of fact. If a lawsuit is filed for the fraudulent sale of a property and the only real factual disagreement between plaintiff and defendant is over which football game was being televised on the day of the sale, the judge may consider this factual issue not relevant to the process.

Cases centered on a matter of fact are usually difficult to appeal. Because the judge in a fact-based trial has access to all the evidence, appellate courts usually assume that he or she was able to make a clear decision whether something was done or not. Conversely, when it comes to questions of law, appellate courts are more likely to hear an appeal that the original judge or jury did not interpret or apply the law correctly.




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