What Is Law and Fact

1) A question of facts, not law. A question of fact is resolved by a Trier of Facts, that is, by a jury or, in a court case, by a judge who assesses the strength of the evidence and the credibility of witnesses. Conversely, a legal issue is always resolved by a judge. (4) It is my duty to inform you of the law. You have to take the law as I give it to you. If a lawyer says something different about the law, follow what I say. On several occasions, I have already given you some instructions on the law. You must take all my instructions together as the law you must follow. You should not follow some instructions and ignore others. Legal issues relate to things like the law applicable to a particular case or controversy, how the law is applied in a case, relevant and/or admissible evidence, and instructions to be given to a jury. In a criminal case involving chemical evidence, such as a breathalyzer test in an intoxicated driving case, or ballistic evidence is a murder case, that evidence may be suppressed by the judge if an interpretation of existing law suggests that the evidence should not be admitted in court. The validity of an arrest and the admissibility of confessions, the admissibility of evidence, these are all legal issues. Traditionally, legal issues can only be resolved by a judge.

(3) As a jury, you must decide what the facts of this case are. It`s your job and no one else`s. You need to think about all the evidence and then decide what each piece of evidence means and how important you think it is. That includes whether you believe what each of the witnesses said. What you decide a fact in this case is definitive. See e.B. Markman v. Westview Instruments, Inc., 517 U.S.

370 (1996) (on substantive issues in general) and Griffin v. Mark Travel Corp., 724 N.W.2d 900 (Wis. Ct. App. 2006) (concerning foreign law). Since this right does not belong to you and anyone else, it is up to you, not your lawyer, to decide whether you want a trial in your case. However, if you make this decision, you will need to discuss your case with your lawyer and then decide whether you should plead guilty or whether a trial is in your best interest. As part of this discussion, it may be helpful for you to understand the role of a jury in a trial. And this role is to be the discoverer of the facts. In a jury trial, this principle is set out in Standard Order 3.1 of the Michigan Criminal Jury as follows: All factual issues may be proved or refuted by reference to a particular standard of proof.

Depending on the nature of the case, the standard of proof may require that a fact be true as “more likely than not” (there is little more evidence of the fact than against, as established by a preponderance of evidence) or beyond a reasonable doubt. But what is a “question of fact” and how does it differ from a legal question? In criminal proceedings, a question of fact could be, “Was a search warrant supported by a probable reason” or, if you look at the rules of evidence, “Is the breath or blood test admissible?” Another common legal issue might be: “Was the traffic stop legal?” These are all issues that a judge must decide before trial. A jury does not have the power or authority to decide these legal issues and therefore cannot, for example, dismiss a case because the police have unlawfully arrested or arrested you. It would simply be foolish to pretend that there is no point in knowing that The Disciples is a fake. But for the man who has never heard of Vermeer or van Meegeren and stands in front of the disciples and admires him, it does not matter if he is told that it is a seventeenth-century Vermeer or a twentieth-century Van Meegeren in vermeer`s style. And when some deny this and vehemently argue that it actually makes a big difference, they only admit that they know something about Vermeer and van Meegeren and the history of art and the value and reputation of some masters. They only admit that they do not judge a work of art for purely aesthetic reasons, but also take into account when it was created, by whom and how great it or its creator is. [4] In law, a question of law, also known as a question of law, is a question that must be answered by applying the legal principles relevant to the interpretation of the law.

[1] Such a question is different from a question of fact, which must be answered by reference to the facts and evidence and conclusions arising from those facts. Answers to legal questions are usually expressed in the form of general principles of law and can be applied to many situations rather than depending on specific circumstances or facts. An answer to a legal question, as it applies to the particular facts of a case, is often referred to as the conclusion of the law. However, when ruling on these legal issues, judges often have to draw factual conclusions, and that`s because most questions are a combination of law and facts. .