Admin Table of Contents
- 1 Does the judge determine questions of law?
- 2 How do you know if something is a question of law or fact?
- 3 Who decides question of law in Supreme court?
- 4 How do you identify legal questions in a case?
- 5 Who decides a question of law in a criminal case in the NSW Supreme Court?
- 6 Who determines the law?
Does the judge determine questions of law?
In jury trials the distinction is presupposed by the rule that, in general, questions of fact are decided by the jury (the tribunal of fact) and questions of law by the judge. In appellate proceedings the appellate court is permitted to control legal questions but not factual questions.
How do you know if something is a question of law or fact?
Every question which has been authoritatively answered by the law is a question of law. Every question which has not been determined before and authoritatively answered by the law is a question of fact.
What does it mean when something is a question of law?
Definition. An issue that is always resolved by a judge, not a jury, including: 1) An issue regarding the application or interpretation of a law. 2) An issue regarding what the relevant law is. If there are two or more mutually exclusive laws, a judge determines which law is relevant.
Who determines the law and who determines the facts in a trial?
Steps in a Trial (The jury determines the facts based on the evidence presented.) If there is no jury, the judge determines the facts and decides the verdict – e.g., finding of guilty or not guilty in a criminal case, or a finding for or against the plaintiff in a civil trial.
Who decides question of law in Supreme court?
While questions of fact are resolved by a trier of fact, which in the common law system is often a jury, questions of law are always resolved by a judge or equivalent. Whereas findings of fact in a common law legal system are rarely overturned by an appellate court, conclusions of law are more readily reconsidered.
How do you identify legal questions in a case?
What is a legal issue?
- Look for ambiguity in the facts. Lawyers LOVE ambiguity.
- Find where the opinions disagree. Many cases you read in law school have dissenting opinions, precisely because these opinions help you see both sides of the contested legal or factual points.
- Think about what you don’t understand.
Who decides a question of fact?
A question of fact is resolved by a trier of fact, i.e. a jury or, at a bench trial, a judge, weighing the strength of evidence and credibility of witnesses. Conversely, a question of law is always resolved by a judge.
What is an example of question of law?
Example of a question of law (up to the judge or judiciary to decide): If a man shot at another man (who was in his backyard and had raped his wife earlier that evening), but hit a neighbor child and killed her when his bullet did not find its true…
Who decides a question of law in a criminal case in the NSW Supreme Court?
The judges hearing any particular case are selected from the Chief Justice, the President of the Court of Appeal, the judges of appeal, the Chief Judge and other nominated judges of the Common Law Division.
Who determines the law?
Federal laws are made by Congress on all kinds of matters, such as speed limits on highways. These laws make sure that all people are kept safe. The United States Congress is the lawmaking body of the Federal Government. Congress has two houses: the House of Representatives and the Senate.
Who decides the facts of the case?
In a jury trial: the jury is the body that decides what really happened in the case at hand. In a bench trial: the judge decides what really happened. In an official investigation: an agent or committee may be appointed to determine the facts.
Who can decide questions of fact?
https://www.youtube.com/watch?v=ABP5eaV5zBM