Written by attorneys · grounded in primary & secondary sources — see below
A factual issue that a court determines is supported by sufficient evidence to permit a reasonable jury to decide it in favor of either party. The presence of such evidence means the issue must be submitted to the jury rather than resolved by the judge as a matter of law.
Sources & Authorities
How it applies
Common Examples
6
Offer Acceptance Timing Dispute
Jacob Jennings mailed an acceptance of an offer from Juarez Holdings two days after receiving it. Juarez Holdings claimed the power of acceptance had already ended. Because the reasonableness of the time taken depended on surrounding circumstances at the moment of the offer and attempted acceptance, the court held that the issue presented a jury question.
Self-Defense Force Evaluation
Jason Jung struck Jennifer Jackson during an altercation. Jackson argued the blow created a substantial risk of fatal consequences. Because the determination whether the intended harm qualified as serious bodily harm turned on the amount of force, the weapon, and the circumstances, the court ruled the question was one for the jury.
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Cases
Federal Rules
Uniform Acts
Restatements
Study Supplements
Dictionaries
Warranty Limitation Enforceability
Jeanette Jensen purchased a vehicle from Jacobs Shipping whose contract contained a broad disclaimer of warranties. Jensen claimed the disclaimer was unconscionable. The court found that whether the limitation was binding presented a jury question because reasonable minds could differ on the facts shown.
Jasmine Jordan published a review of a product made by Jung BioTech. The company sued for defamation. Because the question whether Jordan acted with actual malice depended on disputed facts about her state of mind and the evidence available to her, the court treated the issue as a jury question.
Bose Corp. v. Consumers Union of United States, Inc.466 U.S. 485, 514 n.31 (1984)
Preemption Fact Assessment
June Jiang sued Jha Pharmaceuticals alleging inadequate warnings on a medication label. The company argued federal law preempted the claim. The court held that whether the manufacturer had complied with federal requirements in a manner that preempted state claims raised a jury question on the factual record.
Cipollone v. Liggett Group, Inc.893 F.2d 541 (3d Cir.1990), affirmed in part and reversed in part, 505 U.S. 504 (1992)
Qualified Immunity Fact Dispute
A government official moved for summary judgment on the ground of qualified immunity after being sued by a citizen for an alleged constitutional violation. Because the objective reasonableness of the official's conduct turned on disputed facts about what the official knew at the time, the court ruled the issue was a jury question.
Harlow v. Fitzgerald457 U.S. 800, 818 (1982)
Common questions
Frequently Asked
3
When does a court decide that an issue is a jury question rather than granting judgment as a matter of law?+
A court treats an issue as a jury question when the record contains evidence from which a reasonable jury could find for either party on a required element. If no such evidence exists, the court resolves the matter itself by granting judgment as a matter of law.
Supporting sources
Does the existence of conflicting evidence automatically make an issue a jury question?+
Yes. When the parties present conflicting evidence on a material fact, reasonable jurors could reach different conclusions, so the issue must be submitted to the jury rather than decided by the judge.
Supporting sources
What happens if a court improperly withholds a jury question from the jury?+
The appellate court will reverse the judgment because the party was denied the right to have the factual dispute resolved by the jury. The case is typically remanded for a new trial on the improperly removed issue.
Supporting sources
32 N.J. 358, 161 A.2d 69 (1960)Torts
…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…