Question of Law and fact

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Offline AbdurRahim

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Question of Law and fact
« on: July 13, 2015, 10:26:40 AM »
Question of law
When any question arises about the law in any fact or problem, it is called the question of Law. This question can be traced by using the following terms:
1.   Which law is applicable?
2.   Which provision is applicable?
3.   What kind of offence it is?
4.   What is the punishment?
For example: A person shoots another person. The question relating to the fact that is “is it offence? Under which law it is crime, how it will be judged and what will be applicable law and punishment? This are the question of law.
Question of fact
When any question arises about the fact or problem, it is called the question of Fact. This question can be traced by using the following terms:
1.   Who has committed crime?
2.   How it has been committed?
3.   What is the motive?
4.   What is the reason? And so on.
For example: A killed y. now the qusetion of fact may be why he kiied?
How he killed? And so on.

Mixed question of law and fact
Sometimes in practical case the question of law and question of fact is found. This is called mixed question of alw and fact. In the sane case the court has to decide the both question.
For example : A dispute arises whether a partnership exists among some perterner or not? The question of fact is what is the basic relation among the parteners? And the wuestion fact is whateher the basic relation constitute the partnership or not?