Law and facts:
Q2. Define transformation of question of facts into law and its effect on the evidence.
It is commonly said that questions which arise for judicial determination are either question of law or of fact. Law consists of the abstract rules and facts are the raw materials on the basis of which the law creates certain rights and duties. In jurisprudence, a question of law( also known as point of law) is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those fact.
Question of law:
According to salmond the term question of law is used in three different senses
-As an application of predetermined rules: in the first snese it imeans where the court is bound to answer question in accordance with a rule of law and not in terms of its own estimation. It is said to be determining a question of law. In this sense, all predetermined and authoritatively answered questions are question of law. Whether the holder of a cheque has been guilty of unreasonable delay in giving notice of dishonor is a question of law to be determined in accordance with certain fixed principles.
-As an interpretation of statutory provision: a question of law may be as a question as to what is the law to be applied in a particular case. Here the rule is perhaps ambiguous, unsettled or as yet not determined but once the present question has been judicially determined rule becomes authoritative; in later cases there will be no search for but only application of the same rule. In other words it is an enquiry as to what rule should be applied.
-As an question to be answered by judges: in this sense question of law are those determined by the judge and question of facts are those determined by the jury. Though There are many questions of fact which have been answered by judges while these were pure questions of fact which needs to be answered by jury
Question of facts:
In a wider sense it means that all questions other than question of law are question of fact. Whether there has been an unreasonable delay in the performance of a contract is question of fact as law does not provide authoritatively what will constitute unreasonable delay. In narrow sense question of law bears three distinct meaning. In the first sense it means any question not predetermined by a rule of rule of law. In second sense it covers all questions except the question as to what the law is and in third sense it I simply those question which call for answer from the jury.
Illustration: the question as to whether the accused has committed the criminal act with which he is charges is a question of fact.
Judicial discretion: other than law and fact, judicial discretion is a large field in the judicial field. The sphere of judicial discretion covers the field of what is not already predetermined by the rules of law and is governed by rules of justice, equity and the reasonableness as commend themselves to the judge.
Transformation of question of facts into law:
There is a continuous process in advanced legal systems of question of discretion and of fact being transformed to question of law, judicial discretion, jus naturalae becomes fixed and transforms itself into jus positivism. In that sense justice becomes according to law. Furthermore, when judge arrives at a conclusion from certain ascertained facts he, really speaking, lays down a precedent that given such a set of circumstances the result will be the one which he has arrived at. This in turn becomes a binding rule of law.
There is also a process of transformation of questions of fact into questions of law. There is not always a complete coincidence between law and fact; law may oy may not accept the natural order of things; it may presume something which really is not there. Hence facts may belie the presumption, yet legal consequence may follow from such a presumption.
Differences between law and fact:
It is very difficult of create difference between question of law and question of fact; following are
the differences between two.
1. As to relation with law: Question of law is purely related with the law
Question of fact is not related with the law
2. As to proof: There is no need to prove question of law
Question of fact needs to be proved
3. As to conversion: Question of law cannot converted into question of fact
Question of fact may be converted into question of law
4. Duty of judge: In question of law, it is the duty of judge to make the decision on the basis of rule of law
In question of fact, it is the duty of judge to make the decision on the basis of
evidence
5. As to authoritative answered Every question which has been authoritatively answered by the court is a question of law
Every question which has not been authoritatively answered by the court is a
question of fact
though question of facts and law have difference but there are certain places where they act contrary to what is determined. Which can be explain that there are some questions of fact may be decided by the judge because law so directs.
It should be noted that however whether it is question of fact or law or judicial discretion which come before the court it is a tendency to transform them into question of law
