A question of law is an issue that is always resolved by a judge, not a jury, including:
- A question regarding the application or interpretation of a law
- A question regarding what the relevant law is, if there are two or more mutually exclusive laws, a judge determines which law is relevant
- A question that has been authoritatively answered by law, or
- A question of fact that nevertheless has been reserved for judges, not juries, to resolve
Questions of law are distinct from questions of fact, which are questions for a jury in a jury trial or a judge in a bench trial when acting as the factfinder. Mixed questions of law and fact are also often resolved by juries.
[Last updated in August of 2023 by the Wex Definitions Team]