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Legal Definitions - legal question
A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Definition of legal question
A legal question is an issue that needs to be decided by a judge concerning the application or interpretation of the law. It can also refer to a question that the law itself has already answered, so the court cannot answer it as a matter of discretion. Additionally, it can be an issue about what the law is on a particular point, where parties argue about and the court must decide what the true rule of law is. Finally, it can be an issue that is exclusively within the province of the judge and not the jury.
- A jury cannot decide questions of law, which are reserved for the court.
- Under the sentencing guidelines, the punishment for a three-time offender is a question of law.
- Both parties appealed on the question of law.
- Whether a contractual ambiguity exists is a question of law.
These examples illustrate different types of legal questions. The first example shows that questions of law are reserved for the judge and cannot be decided by a jury. The second example demonstrates that some questions have already been answered by the law, and the court cannot use discretion to answer them differently. The third example shows that parties can argue about what the true rule of law is, and the court must decide. Finally, the fourth example illustrates that some issues are exclusively within the province of the judge and not the jury.
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Simple Definition
A legal question is a question that needs to be answered by a judge about the law. It can be about how to apply or interpret the law, or what the law is on a particular point. Sometimes, the law has already answered the question, so the judge cannot decide it in a different way. Legal questions are different from factual questions, which are decided by a jury.
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