1) An issue of fact, not law. 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.
2) In some jurisdictions, an issue regarding the determination and/or interpretation of foreign law in a case. A party seeking to rely on foreign law must prove it like any other fact that has not been judicially noticed. In some jurisdictions, a question of fact regarding the determination and/or interpretation of foreign law is resolved by a jury or, at a bench trial, a judge.
See, e.g. Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996) (regarding questions of fact generally) and Griffin v. Mark Travel Corp., 724 N.W.2d 900 (Wis. Ct. App. 2006) (regarding foreign law).
Definition from Nolo’s Plain-English Law Dictionary
A question that involves factual matters. In a legal proceeding, a jury (if there is one) will determine issues of fact, while only a judge can decide questions of law. For example, whether a defendant was present at the scene of a crime is a question of fact; whether mere presence meets the legal definition of a crime is a question of law.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:22 pm