Q 5. Explain the terms Question of law question of fact

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Q. Bring out clearly points of distinction between question of law and question of fact.(1999),(1998),(1995),(1993)
1. Introduction:
It is commonly said that all questions which arise for consideration in a Court of justice are of two kinds. They are either questions of law or of fact. It has been found to be very difficult to define the exact difference between law and fact. Law consists of the abstract rules and facts are the raw materials on the basis of which the law creates certain rights and duties.
2. Question Of Law:
According to salmond, the term question of law is used in three distinct, thought related senses.
I. In The First Sense
Questions Authoritatively Answered By Law:
In first sense, it means a question, which the Court is bound to answer in accordance with a rule of law which has already been authoritatively answered by the Court. All other questions of fact. It excludes the right of the Court to answer the question as he thinks fit.
Illustration:
Whether the holder of a bill of exchange has been guilty of unreasonable delay in giving notice of dishonor is a question of law to be determined in accordance with certain fixed principles laid down in the bills of Exchange Act.
II. In The Second Sense
Interpretation Of Statutory Provision:
In the second sense, it means a question as to what the law is on a particular point. This arises in cases where a rule of law is ambiguous and requires determination.
Transformation Of Second Sense Into First Sense:
Once the provision has been authoritatively interpreted by the judge. It becomes a judicial precedent and a settled question of law. The question as to meaning of that provision is thus transformed from the second into first sense.
III. In The Third Sense
Questions To Be Answered By Judges:
In the third sense, all question whose answers given by the judges and not the jury are questions of law.
(i) General Rule:
There is general rule that questions of law are for the judges and questions of fact are for the jury to decide.
(ii) Exceptions:
There are numerous exceptions to the general rule many questions of fact are withdrawn from the cognizance of the jury and answered by the judges. The interpretation of a document, though often a pure question of fact is within the province of the judge.
3. Question Of Fact:
The term question of fact is also two different senses:
I. Wider sense
II. Narrow sense
I. Wider Sense:
In a Wider or general sense, all questions which are not questions which are not questions of law are questions of fact.
According to Salmond:
A question of fact means any question
(i) Which is not previously determined by a rule of law.
(ii) Other than question as to what the law is.
(iii) Which is to be answered by the jury and not the judge.
II. Narrow Sense:
In a narrow sense, question of fact means only those questions which are not subject to judicial discretion. Judicial determines what is right, just and equitable.
Illustration:
The question as to whether the accused has committed the criminal act with which he is charged is a question of fact.
4. Mixed Question Of Law And Fact:
Some questions are partly of law and partly of fact. Such questions are called mixed questions of law and fact. If there is a dispute whether a partnership exists among certain parties or not.
i) It is question of fact as to what is to what is the basic relationship between the parties.
ii) It is a question of law whether the basic relationship between the parties constitute partnership in the eyes of law or not.
5. Transformation Of Questions Of Fact Into Law:
As more and more cases are decided, identical decisions are given by the judges in those cases which have similar facts. Old case law is quoted in fresh cases so to a lesser extent, even question of fact are converted into questions of law.
6. Difference Between Question Of Law And Fact:
According to Paton, however difficult it may be to define exact difference between law and fact, the distinction itself is fundamental for any legal system.
(i) Relation:
Question of law is purely related with the law.
Question of fact is not related with the law.
(ii)As to Proof:
There is no need to prove question of law.
Question of fact is needed to prove.
(iii)As to conversion:
Question of law cannot be converted into question of fact.
Question of fact may be converted into question of law.
(iv) Duty of Judge:
In a question of law, is the duty of the Court to ascertain the law and decide to case accordingly.
In a question of fact, it is the duty of the Court to weigh the evidence and then come to its conclusion.
(v) As to Authoritatively Answered:
Every question which has been authoritatively answered by the law is a question of law.
Every question which has not been determined before and authoritatively answered by the law is a question of fact.
(vi) Nature:
Law consists of abstract rules which attempt to reduce to order the teeming facts of life.
Facts are the raw materials on the basis of which the law creates certain rights and duties.
7. Conclusion:
The sum up, I can say, that all matters and questions which come before a Court of justice are either of law or fact or judicial discretion. As the legal system grows, there is a tendency to transform question of fact, into those of questions of law. Even in questions of pure fact, there are already pre-determined and authoritative answers.


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