Also known as: fact issues · issue of fact · question of fact
Written by attorneys · grounded in primary & secondary sources — see below
A disputed factual matter whose resolution is entrusted to the trier of fact.
Francois Fortier mailed an offer to sell equipment to Frontier Capital on Monday. Frontier Capital mailed its acceptance the following Friday. Whether that interval constituted a reasonable time for acceptance turned on the surrounding business circumstances and was therefore a fact issue for the jury.
Francisco Frost struck Felix Franco during an altercation. Whether the blow created a substantial risk of fatal consequences or permanent loss of function depended on the amount of force, the weapon used, and Franco's known physical condition, presenting a fact issue for the jury.
Select any source to read its text and confirm it supports the definition.
Faith Fitzgerald sued Freeman Engineering after her car's power brakes failed. Whether the dealer had negligently installed or inspected the unit could be shown by circumstantial evidence of the failure itself, creating a fact issue that survived summary judgment.
The City of Chicago took land from Chicago, Burlington & Quincy Railroad Co. The railroad received an opportunity in state court to present evidence on the amount of just compensation due, making the valuation of the property a fact issue resolved by the trier of fact.
A worker sued Blue Ridge Rural Electrical Cooperative, Inc. after an injury. Whether the cooperative qualified as a statutory employer under state law depended on the facts of the employment relationship and was therefore a fact issue that the plaintiff was entitled to try before a jury.
Shareholders of TSC Industries, Inc. challenged a proxy statement that omitted certain facts. Whether those omissions were material turned on whether a reasonable shareholder would have viewed the facts as significantly altering the total mix of information, presenting a fact issue for the trier of fact.
The court weighs the federal interest in preserving the jury's role against the state's interest in its chosen factfinder. When the dispute concerns who decides facts inside the federal courthouse, the federal interest predominates and the matter remains a fact issue for the jury.
Supporting sources
The judge must submit both the general verdict form and the written factual questions, provide instructions explaining the governing law, and direct the jury to answer the questions and return a verdict. This procedure preserves the jury's role on the fact issues while creating a record for later review.
Supporting sources
A single common fact issue shared by multiple claims satisfies the threshold for joinder under Rule 20 or permissive intervention under Rule 24(b), even if other elements require separate proof. The court retains discretion to manage any resulting prejudice through case-management orders rather than denying joinder outright.
Supporting sources
…refusal to recognize that fact. Such an interpretation would substitute the appellant for the courts in passing upon the question of fact, and would be unreasonable.” Supra , 181 N. W., at page 154. Also suppose, as in this case, a defective part or parts caused an accident and that the car was so damaged as to render it…