A vexed question is a contentious problem or issue that lacks consensus among people. It can also pertain to a question that has been resolved differently by various groups, resulting in uncertainty. In Roman and civil law, the term “via” denotes a road or right-of-way, encompassing both public roads and rural servitudes. Additionally, it can allude to the manner in which legal procedures are adhered to, such as the steps involved in seizing a debtor’s assets or delivering a citation.
A vexed question is an ongoing debate or dispute that remains unresolved. It can also refer to a question or issue that has been decided differently by various authorities, creating uncertainty. For instance, the legality of the death penalty is a vexed question as it has been the subject of prolonged arguments without a definitive answer. Similarly, the cause of climate change being attributed to human activity is a vexed question as scientists hold differing opinions, leaving the matter unsettled. The term “vexed question” originates from the Latin phrase “vexata quaestio,” which denotes a disputed or debated question.
A vexed question refers to a legal issue or problem that is complex, controversial, and difficult to resolve due to conflicting opinions or interpretations of the law.
A legal issue can be considered a vexed question if it has been the subject of ongoing debate, multiple court cases, or if legal experts hold differing opinions on how it should be resolved.
No, vexed questions can arise in any area of law, including criminal law, constitutional law, family law, contract law, and more. Any legal issue that is contentious and lacks a clear-cut answer can be considered a vexed question.
Vexed questions are often resolved through extensive legal analysis, interpretation of statutes and precedents, and sometimes through legislative or judicial reforms. In some cases, vexed questions may remain unresolved for an extended period, leading to ongoing legal debates.
Yes, alternative dispute resolution methods such as mediation or arbitration can be used to attempt to resolve vexed questions. However, if the issue is highly contentious and involves significant public interest, it may ultimately require a court decision.
While there may not be specific legal principles that directly address vexed questions, legal professionals often rely on established legal doctrines, constitutional provisions, statutory interpretation, and relevant case law to guide their analysis and arguments.
Public opinion can play a role in shaping the resolution of a vexed question, especially if it involves a matter of significant public interest or controversy. However, legal decisions should primarily be based on legal principles, statutes, and precedents rather than public sentiment.
Yes, if a vexed question is initially decided by a lower court, the parties involved can appeal the decision to higher courts. This allows for further legal analysis and potentially a different interpretation or resolution of the vexed question.
The consequences of not resolving a vexed question can vary depending on the specific issue and its impact on individuals or society. In some cases, the lack of a clear resolution can lead to ongoing legal disputes, uncertainty, and potential injustices. It may also prompt calls for legislative reforms or further judicial guidance.
Due to the complex and contentious nature of vexed questions, legal professionals may not always be able to provide definitive answers. However, they can offer informed opinions, legal analysis, and arguments based on their expertise and knowledge of the law.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/vexed-question/
- Modern Language Association (MLA):Vexed Question. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/vexed-question/.
- Chicago Manual of Style (CMS):Vexed Question. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/vexed-question/ (accessed: May 09 2024).
- American Psychological Association (APA):Vexed Question. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/vexed-question/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts