Also known as:law questions · question of law · legal question
Written by attorneys · grounded in primary & secondary sources — see below
A disputed legal issue whose resolution is reserved for the court rather than the jury. Resolution turns on the application of legal standards to undisputed facts or on the interpretation of statutes, rules, or constitutional provisions.
Sources & Authorities· 16 primary sources
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Statutes
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Dictionaries
How it applies
Common Examples
6
Joinder of Multiple Plaintiffs
Lillian Locke and Lars Lindstrom each purchased defective software from Lattice Systems and filed separate suits alleging breach of warranty. Their attorneys moved to join the actions under Rule 20. The court granted joinder because the suits presented a shared question whether the warranty disclaimers were enforceable under uniform commercial standards.
Permissive Intervention Request
Lucy Liu sued Lone Peak Energy for environmental contamination. Lamar Lewis, a neighboring landowner, moved to intervene. The court permitted intervention because Lewis asserted a defense that raised the identical question whether the state environmental statute preempted local ordinances.
Constitutional Challenge to Marriage Laws
Luis Lopez and Lance Lee, a same-sex couple, sought a marriage license in a state that limited marriage to opposite-sex couples. They filed suit claiming a violation of due process and equal protection. The court treated the existence of a fundamental right to marry as a pure question of constitutional law.
Obergefell v. Hodges576 U.S. 644 (2015)
Choice of Law in Diversity Case
Linden Bank, a State A corporation, sued Lakeshore Industries, a State B corporation, in federal court in State A for breach of a loan agreement. The court applied Erie and held that the proper choice-of-law rule was a question of law governed by State A precedent rather than any general federal common law.
Erie Railroad Co. v. Tompkins304 U.S. 64, 78–80 (1938)
Admissibility of Expert Testimony
Lillian Locke sued a pharmaceutical company after her child suffered birth defects allegedly caused by a prescription drug. The company moved to exclude the plaintiff's expert on causation. The court decided as a question of law whether the expert's methodology satisfied the reliability standards for scientific evidence.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
First Amendment Challenge to Trademark Refusal
Lars Lindstrom applied to register the mark "The Slants" for his musical group. The Patent and Trademark Office refused registration on disparagement grounds. The court resolved as a question of law whether the First Amendment barred the government from denying registration on that basis.
Matal v. Tam582 U.S. 218 (2017)
Common questions
Frequently Asked
6
How does a court distinguish a question of law from a question of fact?+
A question of law asks what legal rule or standard applies or how that rule should be interpreted. A question of fact asks what actually occurred or what inferences should be drawn from the evidence. Courts decide the former. Juries decide the latter when facts are genuinely disputed.
When may multiple plaintiffs join under Rule 20?+
Plaintiffs may join when they assert rights arising from the same transaction or occurrence and when any question of law or fact common to all plaintiffs will arise in the action. The common-question requirement is satisfied even if additional individual issues exist.
What standard governs permissive intervention under Rule 24(b)?
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A court may permit intervention when the applicant's claim or defense shares a common question of law or fact with the main action and intervention will not unduly delay or prejudice the existing parties. The common-question test mirrors the standard used for joinder.
Why is the existence of a fundamental right treated as a question of law?+
Determining whether the Constitution protects a claimed liberty interest requires interpretation of constitutional text, history, and precedent. That interpretive task is reserved for courts because it does not depend on the resolution of disputed historical facts in any single case.
Under Erie, is the choice of applicable state law a question of law or fact?+
The choice-of-law rule that a federal court must apply in diversity cases is a question of law. The court follows the forum state's choice-of-law rules, which themselves are substantive and therefore binding under Erie.
Is the admissibility of expert scientific testimony a question of law?+
Yes. The trial court acts as gatekeeper and must decide whether the expert's reasoning and methodology are scientifically valid. That reliability determination is a legal question reviewed on appeal for abuse of discretion.
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Real PropertyOwnership of real property · Special problemsUBEIntermediate