mixed question of law and fact


mixed question of law and fact
In loose usage, a question, the determination of which involves both law and fact. There is really no such thing. What is sometimes so misnamed is a question which depends for its solution upon a question or questions of law and a question or questions of fact; but every such complicated proposition, when analyzed, is resolved into its elements of well-defined questions either of law or of fact, to be decided either by the judge or by the jury. State v Hayes, 162 La 917, 923, 111 So 327.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • mixed question of law and fact — n. An issue that can be resolved only by adjudicating facts and deciding relevant legal issues at the same time. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • mixed question of law, fact — n. An issue that can be resolved only by adjudicating facts and deciding relevant legal issues at the same time. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • mixed question of law/fact — n. An issue that can be resolved only by adjudicating facts and deciding relevant legal issues at the same time. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • question of law — A question for the court. A question arising in a case in court as to the terms of the law by which the case is to be adjudicated. A matter may be a matter of law, although it is not purely a question of law, if it involves a matter of legal… …   Ballentine's law dictionary

  • question — ques·tion n 1: a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question /ˌhī pə the ti kəl/: a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and …   Law dictionary

  • mixed — Formed by admixture or commingling; partaking of the nature, character, or legal attributes of two or more distinct kinds or classes. As to mixed action mixed blood relations (mixed blood); mixed contract mixed government mixed jury mixed larceny …   Black's law dictionary

  • mixed — Formed by admixture or commingling; partaking of the nature, character, or legal attributes of two or more distinct kinds or classes. As to mixed action mixed blood relations (mixed blood); mixed contract mixed government mixed jury mixed larceny …   Black's law dictionary

  • mixed — /mɪkst / (say mikst) adjective 1. put together or formed by mixing. 2. composed of different constituents or elements. 3. composed of male and female together: a mixed school; mixed doubles; mixed company. 4. comprising persons of different… …   Australian English dictionary

  • mixed — mixedly /mik sid lee, mikst lee/, adv. mixedness, n. /mikst/, adj. 1. put together or formed by mixing. 2. composed of different constituents or elements: a mixed form of government. 3. of different kinds combined: mixed nuts; mixed emotions. 4.… …   Universalium

  • fact — n [Latin factum deed, real happening, something done, from neuter of factus, past participle of facere to do, make] 1: something that has actual existence: a matter of objective reality 2: any of the circumstances of a case that exist or are… …   Law dictionary


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