Also known as: questions of fact · factual question · fact question
Written by attorneys · grounded in primary & secondary sources — see below
A disputed issue whose resolution turns on the evaluation of evidence and the circumstances of the particular case rather than on the application or interpretation of legal rules. The trier of fact, whether jury or judge in a bench trial, must determine the truth or falsity of the matter presented.
Quinton Quimby mailed an offer to sell equipment to Quincy Manufacturing on Monday. Quincy Manufacturing mailed its acceptance on the following Friday. Whether the acceptance arrived within a reasonable time under all the circumstances existing when the offer and acceptance were exchanged is a question of fact for the jury to decide.
Quinlan Quick struck Quentin Quinn during an altercation. Whether the blow created a substantial risk of fatal consequences or permanent loss of function, making it serious bodily harm, depends on the amount of force, the weapon used, and Quinn's known physical condition. That determination is a question of fact for the jury.
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Quiana Qualls purchased a vehicle from Quasar Technologies whose paint defects were concealed. The jury awarded compensatory and punitive damages. Whether the ratio between those awards is constitutionally excessive under the circumstances is a question of fact resolved by weighing the reprehensibility of the conduct and the actual harm suffered.
During voir dire in a polygamy prosecution, a prospective juror stated he had formed an opinion about the practice. Whether that opinion actually disqualified the juror from serving impartially is a question of fact whose resolution rests on the juror's demeanor and answers, not on a legal presumption.
Quintessa Quinn bought a car from Quincy Manufacturing under a contract containing a warranty disclaimer. Whether the disclaimer was part of the bargain and fairly obtained is a question of fact that the court must resolve from the circumstances surrounding the transaction rather than as a matter of law.
The government sought to enjoin publication of classified documents by Quorum Partners. Whether disclosure would cause the specific harm asserted is a question of fact that must be determined on the record before any prior restraint can be upheld.
The trier of fact, either the jury or the judge in a bench trial, resolves questions of fact by evaluating the evidence presented. This allocation follows from the distinction between factual disputes and legal rules.
A question of fact requires weighing evidence and circumstances to determine what occurred or exists. A question of law requires applying or interpreting legal rules and is decided by the judge alone.
A court may decide a question of fact as a matter of law only when no reasonable trier of fact could find otherwise on the record, such as on summary judgment or when evidence is legally insufficient.
Yes. The existence and scope of a usage of trade are determined as questions of fact from the circumstances, though interpretation of a written trade code is a question of law for the court.
Yes. Whether notice was sent within a reasonable time is a question of fact determined from all the circumstances of the case.
…n. 4, and text. Of course, the use of terms like voluntariness involves questions of law and terminology quite as much as questions of fact. See Collins v. Beto , 348 F. 2d 823, 832 (concurring opinion); Bator & Vorenberg, supra , n. 4, at 72-73. [^maj-12]: The Court's vision of a lawyer "mitigat[ing] the dangers of…