Home > West's Encyclopedia of American Law > Question of Fact

An issue that involves the resolution of a factual dispute or controversy and is within the sphere of the decisions to be made by a jury.

A question of fact is a factual dispute between litigants that must be resolved by the jury at trial. It is an issue that is material to the outcome of the case and requires an interpretation of conflicting views on the factual circumstances surrounding the case.

A question of fact is best understood by comparing it to a QUESTION OF LAW. Whether a particular issue in a civil case is a question of fact or law is significant because it can determine whether a party wins the case on SUMMARY JUDGMENT. Summary judgment is a judgment on the merits of the case without a trial. A civil respondent may move for summary judgment at any time after the...