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Article: Question of Law
- Article from:
- West's Encyclopedia of American Law
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QUESTION OF LAW
An issue that is within the province of the judge, as opposed to the jury, because it involves the application or interpretation of legal principles or statutes.
At any stage in a proceeding, before or during trial, a judge may have to determine whether to let a jury decide a particular issue. In making this determination, the judge considers whether the issue is a question of law or a question of fact. If the question is one of fact, it should be decided by the jury at trial. If the question is one of law, the judge may decide it without affording the parties the opportunity to present evidence and witnesses to the jury.
A question of law involves the interpretation of ...