Question of Fact

Question of fact (also known as a point of fact) is a question which must be answered by reference to facts and Evidence, and inferences arising from those facts. Such a question is distinct from a question of law, which must be answered by applying relevant legal principles. The answer to a question of fact (finding of fact) is usually dependent on particular circumstances or factual situations.

All questions of fact are capable of proof or disproof, by reference to a certain standard of proof. Depending on the nature of the matter, the standard of proof may require that a fact be proven to be "more likely than not", that is there is barely more Evidence for the fact than against, as established by a preponderance of the Evidence; or true Beyond Reasonable Doubt.

Answers to questions of fact are determined by a trier of fact, such as a jury, or a judge. In many jurisdictions, such as the United States, appellate courts generally do not consider appeals based on errors of fact (errors in answering a question of fact). Rather, the findings of fact of the first Venue are usually given great deference by appellate courts.