[ad_1]
Questions of law involve the interpretation of the law and are decided by a judge, while matters of fact concern concrete facts and are decided by a jury. Appeals usually focus on questions of law, and judges may issue written opinions that become part of the jurisprudence.
A question of law is a question that arises before, during, or after a process involving the interpretation of the law. Questions of law are decided by a judge, who weighs the available information, considers his knowledge of the law, and issues a decision on the matter. Judges also determine whether a matter raised in court is a matter of law or of fact, since matters of fact are decided by the jury, not the judge, in jury trials.
On the contrary, a matter of fact concerns the concrete facts that have occurred. In trials where there is no jury, the judge decides on both questions of law and fact, but in jury trials only the jury can decide on the facts. It is up to the judge to ensure that the law is applied fairly and appropriately to the case by allowing the jury to determine the facts.
For example, in a murder trial, the question, “Did the defendant kill the deceased?” it’s a matter of fact. It must be decided by the jury on the basis of the information available. Conversely, “If someone buys a gun, he intends to kill a person and shoots someone with it, is that murder in the first degree?” it is a matter of law. Questions of law can be raised by either side during the trial and require legal expertise to answer.
When cases are appealed, in most cases it is questions of law that are discussed in the appeal. The fact-finding is deemed valid, unless there have been drastic problems with the way facts were presented at the first trial or critical information was missing. What may be questioned in the appeal is whether the questions of law have been resolved correctly or not. Sometimes a question of law depends heavily on the judge’s discretion, and another judge may determine that the first judge was indeed wrong.
When a judge makes a decision on a point of law, the judge may issue a formal written opinion. This is especially important when the judge is making a decision that may be controversial or is interpreting a law in a new way. This written opinion on a matter of law can be consulted by other judges when they make decisions on matters of law, and those legal decisions become part of the jurisprudence.
[ad_2]