question of law

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 reviewed in August of 2023 by the Wex Definitions Team ]

Wex

• ACADEMIC TOPICS
• legal education and writing
• THE LEGAL PROCESS
• courts
• criminal procedure
• wex definitions
• civil procedure
• courts and procedure
• criminal law and procedure
• legal education and practice