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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