Also known as: matters of fact · question of fact
Written by attorneys · grounded in primary & secondary sources — see below
A factual issue requiring resolution through evidence and determination by the trier of fact rather than by application of legal principles alone.
CodeCraft emailed MetroElectro a software licensing proposal without an expiration date. MetroElectro completed its internal review and sent an acceptance nearly two months later after prices had shifted. The court must decide whether the delay fell within a reasonable time under all circumstances at the time of the offer and attempted acceptance.
Maurice Marshall faced an attacker swinging a bottle at his head in a crowded bar. Marshall responded by striking the attacker once with a metal chair leg. The jury must determine whether the resulting injury created a substantial risk of fatal consequences or permanent loss of function to qualify as serious bodily harm.
Select any source to read its text and confirm it supports the definition.
Sherbert sought unemployment benefits after refusing Saturday work on religious grounds. The agency denied the claim on the ground that she had not shown the required sincerity and consistency of her beliefs. The court must resolve whether her observance practices actually conflicted with the work requirement as a factual matter.
Williams faced a felony charge and requested a twelve-person jury. The state provided only six jurors under its criminal procedure rules. The court must determine whether the smaller jury panel in fact impaired the deliberative process or fairness of the verdict.
Reynolds was prosecuted for practicing polygamy under federal law. He claimed his conduct was compelled by sincere religious conviction. The court must decide whether his religious beliefs actually required the conduct as a factual question separate from the legal validity of the statute.
Precision Auto listed Luis as its registered agent at a mailbox store. Luis believed he had only rented a mailbox and never agreed to accept legal process. The court must determine whether the partnership's filing accurately reflected actual consent as a factual matter.
A matter of fact requires the trier of fact to weigh evidence and resolve what actually occurred or what a reasonable person would have understood. A matter of law instead applies legal rules to those facts. The distinction controls whether a judge or jury decides the issue and whether appellate review is de novo or deferential.
Supporting sources
When an offer states no deadline, the offeree's power of acceptance lasts a reasonable time. Whether a particular delay meets that standard depends on all circumstances existing when the offer was made and when acceptance was attempted, including industry practices and market volatility. That determination is reserved for the trier of fact.
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No. Only statements that create a false impression about an existing or past fact qualify. A reasonable person would understand opinions or sales puffing as non-factual, so they do not support a false pretenses claim.
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Factors such as the time, place, purpose, and similarity in quality of the employee's act must be evaluated from the specific circumstances of each case. Because these inquiries turn on evidence rather than legal rules alone, they are treated as matters of fact for the trier of fact.
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…direct burden upon religious practices" in that case than in this. With all respect, I think the Court is mistaken, simply as a matter of fact. The Braunfeld case involved a state criminal statute. The undisputed effect of that statute, as pointed out by MR. JUSTICE BRENNAN in his dissenting opinion in that case, was that "…