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In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. [1] Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally ...
In the law of the United States, a certified question is a formal request by one court from another court, usually but not always in another jurisdiction, for an opinion on a question of law. These cases typically arise when the court before which litigation is actually pending is required to decide a matter that turns on the law of another ...
A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. [1] The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented. Depending on the circumstances, leading ...
If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute [. . .] Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible ...
Questions of constitutionality are considered a type of question of law, and thus appellate courts always review lower court decisions that address constitutional issues de novo. However, the term "standard of review" has an additional meaning in the context of reviewing a law for its constitutionality, which concerns how much deference the ...
The opinion delivered for the court included the phrase: "A suit arises under the law that creates the cause of action." [5] For almost a hundred years this test was the foundation for federal question qualification under § 1331 until the Supreme Court modified it in Mims v.
Judges will consider a legal challenge which could affect how women and trans people are treated.
For a court to act upon a case, however, the dispute must concern a definite and concrete matter. For it to even be a dispute, it requires the parties have adverse legal interests. From these characteristics may be distilled factors determining the justiciability of a case or controversy before a federal court: