question of law

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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]