Also known as:questions of law · point of law · legal question
Written by attorneys · grounded in primary & secondary sources — see below
An issue reserved for judicial determination that concerns the application or interpretation of legal rules rather than the resolution of disputed facts.
Sources & Authorities
How it applies
Common Examples
6
Joinder of Multiple Plaintiffs
Quillan Quick and Quintin Quest each suffered identical injuries from the same defective product line manufactured by Quartz Energy. They filed a single complaint asserting the same product-liability theory. Because their claims rest on the same legal standard governing design defect, the court permits joinder under the rule requiring a common question of law.
Class Certification Commonality
Queen Quintero and hundreds of other purchasers sued Qubit Systems alleging the same software contained a uniform misrepresentation. The court finds that whether the statement was actionable under the securities laws presents a question of law common to every class member and therefore satisfies the commonality prerequisite.
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Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Hornbooks
Study Supplements
Dictionaries
Predominance in Class Action
Quade Quincy and other policyholders challenged Quest Capital's uniform interpretation of an exclusion clause. The court determines that the single legal question whether the exclusion is enforceable predominates over any individual issues of reliance and therefore certifies the class under the predominance requirement.
Constitutional Interpretation
Quincy Quigley and other students challenged a state statute requiring racial separation in public schools. The court treats the question whether the statute violates the Equal Protection Clause as a pure question of law to be decided without deference to factual findings about local conditions.
Brown v. Board of Education [*Brown I*]347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)
Choice of Applicable Law
QuickFreight, a New York corporation, was sued in Pennsylvania federal court for an accident occurring on a Pennsylvania road. The court treats the question whether state or federal common law supplies the rule of decision as a question of law governed by the Erie doctrine.
Erie Railroad Co. v. Tompkins304 U.S. 64, 78–80 (1938)
Interlocutory Appeal
Quinley Quincy moved to dismiss a diversity action on statute-of-limitations grounds. The district court denies the motion and certifies the limitations issue as a controlling question of law whose immediate resolution may materially advance termination of the litigation.
Guaranty Trust Co. v. York[326 U.S.] at 110
Common questions
Frequently Asked
4
Who decides a question of law in a jury trial?+
The judge decides every question of law. The jury resolves only questions of fact. This allocation appears throughout the joinder and class-action rules that condition relief on the existence of common questions of law.
Supporting sources
How does the presence of a common question of law affect joinder of plaintiffs?+
Rule 20 permits joinder when any question of law or fact is common to all plaintiffs. The common legal question supplies the necessary link even if the plaintiffs' individual damages differ.
Supporting sources
What role does a common question of law play in class certification?+
Rule 23(a)(2) requires at least one question of law or fact common to the class. Rule 23(b)(3) further demands that common questions predominate over individual ones. Both inquiries treat the existence and weight of legal questions as matters for the court.
Supporting sources
When may a federal court of appeals review a controlling question of law on interlocutory appeal?+
Section 1292(b) authorizes immediate appeal when the district court certifies that an order involves a controlling question of law as to which there is substantial ground for difference of opinion and that immediate review may materially advance the litigation.
Supporting sources
347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)Remedies
…South Carolina, Virginia, and Delaware. They are premised on different facts and different local conditions, but a common legal question justifies their consideration together in this consolidated opinion.[^maj-1] In each of the cases, minors of the Negro race, through their legal representatives, seek the aid of the courts…