Q.14 EXPLAIN QUESTION OF LAW, DIFFERENCE BETWEEN QUESTION OF LAW AND QUESTION OF FACT?

Q.14 EXPLAIN QUESTION OF LAW, DIFFERENCE BETWEEN QUESTION OF LAW AND QUESTION OF FACT?

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.

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