Written by attorneys · grounded in primary & secondary sources — see below
A question that a court resolves by applying or interpreting legal principles rather than by determining disputed facts.
Sources & Authorities
How it applies
Common Examples
6
Joinder of Multiple Plaintiffs
Lola Langley and Lars Lindstrom both purchased defective solar panels from the same manufacturer. They filed a single complaint alleging breach of warranty and product defects. The court permitted joinder because their claims raised the same legal question about the enforceability of an arbitration clause in the sales contract.
Permissive Intervention Request
Logan Lane sought to intervene in an antitrust suit between two pharmaceutical companies. Lane asserted that the outcome would directly affect his pending damages claim arising from the same pricing scheme. The court granted intervention because Lane's defense shared the legal question of whether the pricing violated federal antitrust statutes.
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Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Review of Jury Award
Liam Larson won a large verdict against a publisher for breach of contract. On appeal the publisher argued the award was excessive. The reviewing court treated the excessiveness determination as a legal question requiring application of state tort-reform standards rather than a simple factual reassessment.
Gasperini v. Center for Humanities, Inc.518 U.S. 415, 429–431 (1996)
Right to Refuse Treatment
Luna Lang's family petitioned to discontinue life support after she entered a persistent vegetative state. The state required clear evidence of her wishes. The court framed the dispute as a legal question about the constitutional liberty interest in refusing unwanted medical care.
Cruzan by Cruzan v. Director, Missouri Dept, of Health497 U.S. 261, 277 (1990)
State Law Characterization
Luis Lopez sued an electric cooperative in federal court under diversity jurisdiction after a workplace injury. The cooperative argued that a state rule treating certain issues as questions for the judge should control. The court analyzed whether the state rule was so bound up with the substantive right that it must be applied as a legal question in federal court.
Byrd v. Blue Ridge Rural Electrical Cooperative, Inc.356 U.S. 525, 537–38 (1958)
Public Use Determination
Lakewood Manufacturing challenged a city's condemnation of its waterfront property for a private redevelopment project. The owners contended the taking served no public purpose. The court treated the scope of the public-use requirement as a legal question requiring independent judicial assessment rather than deference to legislative findings.
Kelo, et al. v. City of New London545 U.S. 469, 503 (2005)
Common questions
Frequently Asked
4
How does a court distinguish a legal question from a question of fact?+
A legal question requires the court to determine the content or application of a legal rule. A question of fact requires the trier to decide what events occurred or what conditions existed. The distinction controls whether a judge or jury resolves the issue and affects standards of appellate review.
When does a common legal question support joinder of plaintiffs under Rule 20?+
Joinder is proper when the plaintiffs' claims share any question of law or fact. The shared legal question need not be the only or even the dominant issue. It is enough that the same legal issue will arise for each plaintiff.
Does a shared legal question always permit permissive intervention?+
A court may allow intervention when the proposed intervenor has a claim or defense that shares a common question of law or fact with the main action. Timeliness and potential prejudice to existing parties remain separate considerations even when the legal question overlaps.
Why does the characterization of an issue as a legal question matter on appeal?+
Appellate courts review legal questions de novo while deferring to factual findings under a clearly erroneous standard. Correct classification therefore determines the scope of review and the likelihood that a trial outcome will be reversed.
576 U.S. 644 (2015)Legislation and Regulation
…invalidated laws based on the animus toward a class of people. See Romer v. Evans , 517 U. S. 620. Against this background, the legal question of same-sex marriage must be addressed. Pp. 10–15. (2) The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression,…