Thursday, January 15, 2015

Difference between question of Fact and Question of Law

Difference between question of Fact and Question of Law :-


Question of Fact                                                 Question of Law

1. Basic view
                                                                            
Question of fact is relates to the                      Question of  Law relates to the legal affairs.
Factual Portion.

2.Judicial Discretion

In the case of Question of fact                        In Question of Law Judicial discretion has
Judicial discretion has importance.                 Not importance.

3.Answering Nature  

The answer of Question of fact                       Answer of the Question of Law answer            
Is not prescribed by any Law.                         Always prescribe by any Law.

4. Decides by

Question of fact always decides                       Question of Law decides by Judge.
By Jury.       

5. Priority of Law  

In Question of fact important thing                   In Question of Law priority is this.
Is how a incident happens.                                 That what Law says.

6. Courts Aim

In question of fact court seeks to                       In Question of Law. The aim of court is
Find out truth.                                                     To determine what is just.

7. Prove and need not to prove

There is no need to prove the Question              Question of Law is must be proved 
Of fact.

8. Decisions Nature

In the Question of fact decision are not             In Question of Law decisions are clear.
Clear.


Question of Fact                                                 Question of Law


9. Opinion of Judge

In Question of fact opinion of the                      Opinion of Judge has no importance in
Judge has Importance.                                        Respect of Question of law.




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