QUESTION OF LAW, DIFFERENCE BETWEEN QUESTION OF LAW AND QUESTION OF FACT?
(1) Introduction:-
Different questions
can arise either from pleadings or other material, which is produced during
proceedings of trial before court. Usually these questions are divided into two
kinds i.e. question of law and question of fact. However, sometimes another
kind of question can also arise and this kind is called mixed question of law
and fact.
(2) Definition Of Question Of Law:-
Question of law means
a point or matter, which is under hearing before court, and which is about some
obvious law or for which there exists some obvious law, which court can neither
violate nor ignore.
(3) Definition Of Question Of Fact:-
Question of fact
means a point or matter, which is under hearing before court, and which is not
about some obvious law or for which there exists no obvious law, and which is
proved not through some law but through some facts.
(4) Definition Of Mixed Question Of Law And Fact:-
Mixed question of law
and fact can be defined as a point or matter, which is related to both question
of law and question of fact or which is partially question of law and partially
question of fact. And such question is proved through both question of law and
question of fact.
(5) Differences Between Question Of Law And Question Of Fact:-
Main differences
between question of law and question of fact are:
(i) Meanings of law
and occurrence of fact
(ii) Relation with
law and relation with fact
(iii) Decision by
judge and jury
(iv) Use of
discretionary jurisdiction
(v) Opinion of judge
(vi) Decision through
question of law and question of fact
(vii) Proving of
question of law and question of fact
(viii) Chances of fault
(ix) Conversion
(x) Answer to
question of law and question of fact
(i) Meanings of Law and Occurrence of Fact:-
Meanings and motive
of law are concentrated in question of law while occurrence of fact is
considered in question of fact.
(ii) Relation with Law and Relation with Fact:-
Question of law is about law and there exists obvious law
about it whereas question of fact is about fact and there exists no explanation
for it in law.
(iii) Decision By Judge And Jury:-
Question of law is
decided by judge, but question of fact is decided by jury.
(iv) Use Of Discretionary Jurisdiction:-
Court is bound to law
and its discretionary jurisdiction is not important as far as question of law
is concerned while court can use its discretionary jurisdiction as far as
question of fact is concerned.
(v) Opinion Of Judge:-
Opinion of judge is
not important as far as question of law is concerned whereas opinion of judge
can be important as far as question of fact is concerned.
(vi) Decision Through Question Of Law And Question Of Fact:-
Question of law
resolves controversy in obvious words and manners, but question of fact cannot
settle controversy in obvious words and manners.
(vii) Proving Of Question Of Law And Question Of Fact:-
As question of law is
about law, therefore it is proved one while question of fact has to be proved.
(viii) Chances Of Fault:-
There is no
probability of committing fault as far as question of law is concerned whereas
there exists chance of committing fault in proving question of fact.
(ix) Conversion:-
Question of law
cannot be converted into question of fact, but question of fact can be
converted into question of law.
(x) Answer To Question Of Law And Question Of Fact:-
Question of law is
authoritatively answered by law while question of fact is first determined and
then is authoritatively answered by law.
(6) Conclusion:-
To conclude, it can
be stated that all these kinds of question play important role for settlement
of controversial matter; Court has to consider not only question of law and
question of fact, but also mixed question of law and fact in certain cases to
decide cases.