Also known as: fact questions · question of fact
Written by attorneys · grounded in primary & secondary sources — see below
A question whose resolution turns on the determination of disputed facts rather than the application of legal rules. The trier of fact resolves it after considering the evidence presented under the circumstances of the case.
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Francesca Fowler mailed an offer to sell equipment to Floyd Franklin on Monday morning. Franklin mailed his acceptance on Thursday evening after reviewing inventory needs. Whether the acceptance arrived within a reasonable time depends on the surrounding business circumstances at the time of the offer and response.
Felicia Fuentes struck an assailant with a metal pipe during an altercation. The pipe blow fractured the assailant's arm but did not threaten life. Whether the force used created a substantial risk of serious bodily harm turns on the assailant's known physical condition and the manner of the strike.
Finn Fletcher sued his alleged employer after a workplace injury. The employer presented testimony from a manager claiming Fletcher was an independent contractor. Whether Fletcher qualified as an employee under the state statute presents a fact question for the jury on the full record.
Frank Fisher and Farah Fox were passengers in a car containing firearms. The prosecution invoked a statutory presumption of possession. Whether the firearms were in the sole possession of one defendant rather than shared presents a fact question properly submitted to the jury.
Frostline Textiles owned land taken by the city for a public project. The owner received an opportunity to present evidence on the property's fair market value. Whether the amount awarded constituted just compensation is resolved after the owner is heard in a competent court.
Fusion Power faced a criminal prosecution. During voir dire a prospective juror stated he had formed a hypothetical opinion about the case but believed it would not affect his verdict. Whether that juror could be deemed impartial is a fact question left to the trial court's discretion on the record.
The jury resolves fact questions after hearing the evidence. The court may decide preliminary fact questions that govern admissibility of evidence under Rule 104(a).
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A fact question requires the trier of fact to weigh evidence and determine what occurred under the circumstances. A question of law requires the court to apply legal rules to those facts.
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Yes. Whether land was conveyed pursuant to a general plan is resolved from the circumstances surrounding the subdivision and deed restrictions.
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…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…