A question of fact is an issue of fact, not law. A question of fact is resolved by a trier of fact, i.e. a jury or, at a bench trial, a judge, weighing the strength of evidence and credibility of witnesses. Conversely, a question of law is always resolved by a judge.
Questions of fact often have to do with the particular details of the case. For example, in a criminal trial, whether or not the defendant is guilty is a question of fact.
In some jurisdictions, a question of fact describes an issue regarding the determination or interpretation of foreign law in a case. A party seeking to rely on foreign law must prove it like any other fact that has not been judicially noticed. In some jurisdictions, a question of fact regarding the determination or interpretation of foreign law is resolved by the factfinder.
[Last updated in August of 2023 by the Wex Definitions Team]