Paper Information

Journal:   PRIVATE LAW STUDIES   SUMMER 2010 , Volume 40 , Number 2; Page(s) 275 To 294.
 
Paper: 

DISTINCTION BETWEEN QUESTION OF FACT AND QUESTION OF LAW; ELABORATING A THEORIC BASI

 
 
Author(s):  GHAMAMI M.*, ESHRAGHI ARANI M.
 
* PRIVATE AND ISLAMIC LAW DEPARTMENT, UNIVERSITY OF TEHRAN
 
Abstract: 

Any litigation is composed of a series of facts and rules the distinction between them is of great import. One may distinct the factual elements of litigation as "questions of fact" from the legal elements thereof classically called "questions of law". The parties to litigation as well as the judges who adjudicate the litigation always need to keep this distinction in mind to avoid misleading the process of adjudication. "The due process of law" requires that both the litigants and the judge play their own role in the proceeding; while the litigants are to deal with the questions of fact, the judge shall exclusively determine the questions of law. This essay tries to draw a clear and pragmatic border between the questions of fact and questions of law and present a logically well-defined criterion appropriate to apply by the tribunals and judicial officers in this effect.

 
Keyword(s): LAW, FACT, MATTER OF FACT, MATTER OF LAW, MIXED QUESTIONS OF LAW AND FACT
 
References: 
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