When a judge needs to answer a question about the law, it is referred to as a legal question. This type of question may involve interpreting or applying the law, or determining the law on a specific matter. In some cases, the law has already provided an answer to the question, leaving the judge with no room for alternative decisions. It is important to note that legal questions are distinct from factual questions, which are resolved by a jury.
A legal question is a matter that must be resolved by a judge regarding the application or interpretation of the law. It can also pertain to a question that has already been addressed by the law, leaving the court with no discretion to answer it differently. Additionally, it may involve a dispute over the true rule of law on a specific point, which the court must resolve. Furthermore, it can be an issue that falls solely within the judge’s jurisdiction and not the jury’s. For example, under the sentencing guidelines, determining the punishment for a repeat offender is a legal question. Both parties appealed on this legal question. Another example is whether a contractual ambiguity exists, which is also a legal question. These examples illustrate various types of legal questions, including those reserved for the judge, those already answered by the law, those subject to dispute, and those exclusively within the judge’s jurisdiction.
A civil case involves a dispute between two parties, while a criminal case involves a violation of the law and is prosecuted by the government.
The statute of limitations varies depending on the type of case and the state in which it is filed. It is important to consult with an attorney to determine the applicable statute of limitations.
The process for filing for bankruptcy involves completing a petition and submitting it to the bankruptcy court. It is important to consult with an attorney to determine the best course of action.
A will is a legal document that outlines how a person’s assets will be distributed after their death, while a trust is a legal arrangement in which a trustee manages assets for the benefit of a beneficiary.
The process for obtaining a divorce varies depending on the state in which it is filed. It typically involves filing a petition, serving the other party, and attending court hearings.
A misdemeanor is a less serious crime that is punishable by up to one year in jail, while a felony is a more serious crime that is punishable by more than one year in prison.
The process for obtaining a restraining order involves filing a petition with the court and attending a hearing. It is important to consult with an attorney to determine the best course of action.
A patent is a legal right granted to an inventor for a new invention, while a trademark is a symbol, word, or phrase used to identify a product or service.
The process for obtaining a green card varies depending on the individual’s circumstances. It typically involves filing an application with the U.S. Citizenship and Immigration Services and attending an interview.
Mediation is a process in which a neutral third party helps two parties reach a settlement, while arbitration is a process in which a neutral third party makes a binding decision on a dispute.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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