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question of law - translation to german

SUBJECT OF COURT CASES

Question of fact; Conclusion of law; Conclusions of law; Finding of fact; Conclusion of fact; Conclusions of fact; Findings of fact; Fact (law); Questions of fact; Point of fact; Point of law; Questions of law; Errors of fact; Error of fact; Finding of facts; Issue of fact; Issue of law; Legal point; Points of law; Issues of fact; Issues of law; Trier of law; Determination of fact

question of law

Frage des Gesetzes (Diskussion um das Gesetz, unterschiedliche Auffassung über das Gesetz)

question of fact

Frage der Fakten (Diskussion um Fakten, unterschiedliche Auffassung über die Tatsache)

issue of law

Gesetzessache, Frage des Gesetzes (verschiedene Auffassungen über das Gesetz)

Definition

question of law

n. an issue arising in a lawsuit or criminal prosecution which only relates to determination of what the law is, how it is applied to the facts in the case, and other purely legal points in contention. All "questions of law" arising before, during and sometimes after a trial are to be determined solely by the judge and not by the jury. "Questions of law" are differentiated from "questions of fact," which are decided by the jury and only by the judge if there is no jury. See also: judge question of fact trier of fact

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Wikipedia

Question of law

In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles and can be applied to many situations rather than be dependent on particular circumstances or factual situations. An answer to a question of law as applied to the particular facts of a case is often referred to as a conclusion of law.

In several civil law jurisdictions, the highest courts deem questions of fact as having been settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as the Benelux Court of Justice and the European Court of Justice will only answer questions of law, asked by judges of national courts if they are not certain about the interpretation of the law of multilateral organizations.

Questions of law are resolved by a judge or equivalent, while questions of fact are resolved by a trier of fact, which in the common law system is often a jury. Conclusions of law are more readily reconsidered by an appellate court, whereas findings of fact in a common law legal system are rarely overturned.

https://en.wikipedia.org/wiki/Question of law

Examples of use of question of law

1. A Treasury Department team accompanied Hill to Beijing to conduct parallel negotiations on the sanctions, which Washington has depicted as a question of law enforcement.

2. "I am also pleased with the committee‘s acknowledgment that pending litigation in the federal court will decide the question of law over the First Amendment issues involved," he said.

3. Other than that, it‘s not a crime,‘‘ he said. Congress tried to make it a crime, but didn‘t make it a crime, so that‘s a question of law, not political rhetoric or political spinning or political position.‘‘ He quickly changed the subject.

4. "If the UK is not entitled in international law to use force against Iraq, the flight lieutenant is entitled to say to this tribunal ‘I hold that belief honestly and in these circumstances it‘s my duty to disobey these orders‘." Mr Sapsford told the hearing, presided over by Assistant Judge Advocate Jack Bayliss, that the case for Dr Kendall–Smith was not just a question of law.

5. Replying in the negative to a question whether he was under any pressure in dealing with the sealing row in the capital, the Chief Justice said, "if your fundamentals are clear and your approach are clear and you stick to the oath there is no question of pressure". The Chief Justice admitted that deciding the issue of sealing was difficult as on the one hand it was a question of law and on the other hand it was the suffering of the people.