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Fact Question / Question of Fact
Another term for this is point of fact, and is basically a question which a witness, defendant or plaintiff is obliged to answer by referring to the facts of the case, the evidence which supports those facts, and any inferences that may arise from such facts. In legal terms, the response or answer to a question of fact is known as a finding of fact.
A question of fact is different from a question of law, in that the answer to the former depends on specific circumstances related to the facts of the case or issue, whereas the latter requires a response to which legal principles or doctrine relevant to the case are applied. This difference is best illustrated by the following examples:
"Did the management of GlobalStuff International fail to warn its employees of the dangers in working with the substance?"
"Does the management of a corporation have an obligation under the law to warn its employees of the inherent hazards of working with a toxic substance?"
The first question constitutes a question of fact; the second is a question of law.
A question of fact is subject to being proven or disproved according to certain standards. These standards are dependent upon the nature of the case and the facts thereof. In most civil cases, the standard of proof may simply require the evidence to show that something is more likely than not. In a criminal case however, these standards are much higher.
The reason is because of the stakes; whereas a civil case typically involves property disputes or compensation for loss, the defendant in a criminal trial faces the loss of liberty and possibly life. Therefore, in a criminal trial any point of fact must be proven beyond any reasonable doubt.