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Information Journal Paper

Title

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

Author(s)

GHAMAMI M. | ESHRAGHI ARANI M.

Pages

  275-294

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.

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