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.
3) An issue of fact that nevertheless has been reserved for judges, not juries, to resolve.
Illustrative caselaw
See, e.g. White v. Continental Cas. Co. 878 N.E.2d 1019 (N.Y. 2007).
See also
Definition from Nolo’s Plain-English Law Dictionary
An issue arising in a lawsuit or criminal prosecution which only relates to determination of what the law is, how it is applied to the facts in the case, and other purely legal points in contention. All "questions of law" arising before, during, and sometimes after a trial are to be determined solely by the judge and not by the jury. (See also: question of fact)
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:22 pm
