QUESTION OF FACT &

QUESTION OF LAW

QUESTION OF FACT

QUESTION OF LAW

An issue of fact in which

the truth or falsity must be
determined by a jury or
only by judge if no jury

An issue arising in a
lawsuit/ criminal
proceeding which relate to
determination of what the
law is, how it is applied to
the fact in the case. (Can
only be decided by judge)

Point of fact

Point of law

must be answered by
reference to facts and
evidence, and inferences
arising from those facts.

must be answered by
applying relevant legal
principles or by an
interpretation of the law

Answers to questions of fact Only issue of law can be

are considered to be
raised on appeal.
virtually fixed at trial. (cant
be raised on appeal)
Eg: Did Mr. and Mrs. Wong
leave their 10 year-old child
home alone with their baby
for 4 days?

Eg: Does leaving a baby

with a 10-year old child for 4
days fit the legal definition of
child neglect?