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Question of fact   /kwˈɛstʃən əv fækt/   Listen
Question of fact

noun
1.
A disputed factual contention that is generally left for a jury to decide.  Synonym: matter of fact.






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"Question of fact" Quotes from Famous Books



... question, Flynn, a very delicate question of fact and propriety. Satisfied as you and Elsie are of your entire loyalty to the United States and the associated Powers, I think you should remain, a martyr, if need be, to the great ...
— Lady Larkspur • Meredith Nicholson

... to me," I said, at length, "that the identity of the remains is the primary question and that is a question of fact. It doesn't seem any ...
— The Vanishing Man • R. Austin Freeman

... L. L. Paine (Congregational): "It may be honestly asked by some, Was immersion the primitive form of baptism? As to the question of fact, the testimony is ample and decisive. It is a point on which ancient, medieval and modern historians alike, Catholic and Protestant, Lutheran and Calvinist, have no controversy. No historian who cares for his reputation would dare to deny it, and no historian who is worthy of the name ...
— To Infidelity and Back • Henry F. Lutz

... again, shut the door, and resumed our seats. I was thinking how best to improve this advantage, if it might be called one, when he took up the conversation in such a matter-of-course way, so assuming that there could be no serious question of fact between us, that I felt myself placed in the weakest ...
— The Lock and Key Library • Julian Hawthorne, Ed.

... in a daze of incredulity. This was his first serious defeat; and he could not understand it. The case was absolutely open and shut, a mere question of fact to which there were sufficient and competent witnesses. For the moment ...
— The Gray Dawn • Stewart Edward White

... Nelson said, that he and Colonel Despard had served together on the Spanish Main in 1799, and that he was then a loyal man and a brave officer. Lord Ellenborough strongly charged the jury. He declared that there was no question of law, and that the whole case resolved itself into a question of fact. The jury, after retiring for half an hour, brought in ...
— Blackwoods Edinburgh Magazine, Volume 59, No. 366, April, 1846 • Various

... that memorable day; he, it is held, was the active genius who conceived the plan of action, Collingwood was the acquiescer, a passive though able coadjutor. Yet Collingwood himself, the most modest of men and the least likely to make an erroneous statement with regard to such a question of fact, expressly asserts the contrary. "In this affair," he says, "Nelson did nothing without my counsel, we made our line of battle together and concerted the attack." [4] On this point he also insists, in writing to Stanhope, to whom, as to his ...
— The Letter-Bag of Lady Elizabeth Spencer-Stanhope v. I. • A. M. W. Stirling (compiler)

... cases of aggravated violence they often preferred a military jury, but where conflicting testimony was likely to occur, they preferred the greater number, only as less likely to agree. Forbes stated that the chief difficulty was confining the juries to the question of fact; but their verdicts had generally satisfied him. It was the opinion of the judges, save Mr. Justice Burton, that trial by jury had been too long deferred, and that benefit would result ...
— The History of Tasmania, Volume I (of 2) • John West

... true, are not settled by even a consensus of present public opinion.... At the same time, when a question of fact is debated and debatable, and the extent to which a special constitutional limitation goes is affected by the truth in respect to the fact, a widespread and long-continued belief concerning it is worthy of consideration. We take judicial cognizance ...
— Making Both Ends Meet • Sue Ainslie Clark and Edith Wyatt

... The question, as the song has it, is not one of fact, but one of opinion. It is not: Will I make a soldier? but: Do you think I will make a soldier? It is one thing to "make a soldier," another thing to have men think so. The question of fact was settled a century ago; the question of opinion is still unsettled. The Negro soldier, hero of five hundred battlefields, with medals and honors resting upon his breast, with the endorsement of the highest military authority of the nation, with Port Hudson, El Caney and San Juan behind him, is ...
— The Colored Regulars in the United States Army • T. G. Steward

... to the canon law, though contrary to the municipal law of the kingdom. For this reason the civil courts had changed the terms of their writ; and instead of requiring the spiritual courts to make inquisition concerning the legitimacy of the person, they only proposed the simple question of fact, whether he were born, before or after wedlock? The prelates complained of this practice to the Parliament assembled at Merton in the twentieth of this king, and desired that the municipal law might be ...
— The History of England, Volume I • David Hume

... to prevent all access to the coast of the enemy, according to the Declaration of Paris of 1856, which the American note quoted as correctly stating the international rule as to blockade that was universally recognized. The effectiveness of a blockade was manifestly a question of fact: ...
— The Story of the Great War, Volume V (of 8) • Francis J. (Francis Joseph) Reynolds, Allen L. (Allen Leon)

... their intelligence is completely under the control of his learning. It is the judge who sums up the various arguments with which their memory has been wearied out, and who guides them through the devious course of the proceedings; he points their attention to the exact question of fact which they are called upon to solve, and he puts the answer to the question of law into their mouths. His influence upon their verdict ...
— Democracy In America, Volume 1 (of 2) • Alexis de Tocqueville

... to their authors. Are these, properly speaking, Japanese works of art—or Korean or Chinese? That Japan received her artistic stimulus, and much of her artistic ideas and technique, from China is beyond dispute. But did she develop nothing new and independent? This is a question of fact. Japanese art, though Oriental, has a distinctive quality. A magnificent work entitled "Solicited Relics of Japanese Art" is issuing from the press, in which there is a large number of chromo-xylographic and collotype reproductions of the best specimens ...
— Evolution Of The Japanese, Social And Psychic • Sidney L. Gulick

... begin with the question of fact; and first of all let us settle clearly the bearing and object of this discussion. I wish to destroy a prejudice, and not to create one. I am not proposing to you to take the votes of savants, in order to know whether God exists. No. Though all the universities in Europe should unite to vote ...
— The Heavenly Father - Lectures on Modern Atheism • Ernest Naville

... D. 1870 (cf. Mirbt, n. 509), requires that only when the Pope speaks ex cathedra is he infallible, and it has not been shown that any opinion whatever held by Honorius was an ex cathedra definition of faith and morals according to the Vatican Council. The matter is therefore a mere question of fact and may be treated apart from the Vatican dogma. It should be borne in mind, further, that the Sixth General Council was approved by Pope Leo II, A. D. 682 (cf. Mirbt, n. 189), who included Honorius ...
— A Source Book for Ancient Church History • Joseph Cullen Ayer, Jr., Ph.D.

... to decide whether this is really so; whether mankind do desire nothing for itself but that which is a pleasure to them, or of which the absence is a pain; we have evidently arrived at a question of fact and experience, dependent, like all similar questions, upon evidence. It can only be determined by practised self-consciousness and self-observation, assisted by observation of others. I believe that these sources of evidence, impartially consulted, will declare that desiring ...
— Utilitarianism • John Stuart Mill

... pointed out that the essential object of a customer's discounting bills with his banker was to feed the current account, and that a possible liability constituted no set-off against an existing debt. Whether a particular bill has been taken for discount or collection is a question of fact. As in the payment of bills, so in the collection of them, there is no statutory protection whatever for the banker; as against third parties he can only rely either on the customer's title or his own as a holder for value, if no forged endorsement ...
— Encyclopaedia Britannica, 11th Edition, Volume 3, Part 1, Slice 3 - "Banks" to "Bassoon" • Various

... action. Our points of dissonance are, however, few; but, as involving questions of principle, whilst we are generally at one on matters of detail, we hold them to be of some importance. This, however, is not the occasion proper for urging them, when engaged on a special theme. But on a question of fact, which has a bearing upon the subject in hand, we may be allowed to express our decided dissent from the dictum somewhat arbitrarily launched, in the article referred to, in the following terms:—"We shall urge that foreign countries neither have combined, ...
— Blackwood's Edinburgh Magazine, Vol. 53, No. 331, May, 1843 • Various

... what the Germans call a book drama, and had, on the other hand, the highest respect for the judgment of a popular audience as to the fact whether a play were fit for the stage or not. The popular audience was a jury from which there was no appeal on this question of fact. A passage in The Poor Musician gives eloquent expression to Grillparzer's regard for the sure esthetic instinct of the masses and, indirectly, to his own poetic naivete. But his plays are also poems; they are all in verse; and like ...
— The German Classics of The Nineteenth and Twentieth Centuries, Vol. VI. • Editor-in-Chief: Kuno Francke

... a question of fact," said Mr. Surface. "Listen to me. Suppose your father had put this money away for you somewhere, so that you knew nothing about it, hidden it, say, in a secret drawer somewhere about your house"—didn't he know exactly the sort of places which fathers ...
— Queed • Henry Sydnor Harrison

... the exclusion of woman from the suffrage under our form of government can be justified upon proof, and only upon proof, that by reason of her sex she is incompetent to exercise that power. This is a question of fact. ...
— Debate On Woman Suffrage In The Senate Of The United States, - 2d Session, 49th Congress, December 8, 1886, And January 25, 1887 • Henry W. Blair, J.E. Brown, J.N. Dolph, G.G. Vest, Geo. F. Hoar.

... depend on his will—ideas which bear upon the mystery of life, such as Fate, Providence, or personal immortality. Such ideas may operate in important ways on the forms of social action, but they involve a question of fact and they are accepted or rejected not because they are believed to be useful or injurious, but because they are believed ...
— Introduction to the Science of Sociology • Robert E. Park

... as to how Achilles could ever catch up with the tortoise provided the tortoise was given a start, however small, may be countered by the ingenuity of the mathematicians' infinite series. Bergson's difficulty turns on a question of fact, not of logic, and cannot be so met. He solves the problem simply by denying that Achilles or the tortoise ever are at particular points at particular moments. Such a description of change, he says, ...
— The Misuse of Mind • Karin Stephen

... for fear they should declare themselves more early than otherwise they would, and therefore precipitate the evil,—all this depends on the reality of the danger. Is it only an unbookish jealousy, as Shakspeare calls it? It is a question of fact. Does a design against the Constitution of this country exist? If it does, and if it is carried on with increasing vigor and activity by a restless faction, and if it receives countenance by the most ardent and enthusiastic applauses ...
— The Works of the Right Honourable Edmund Burke, Vol. VII. (of 12) • Edmund Burke

... precipitation elsewhere. The whole problem of the pluviometrical influence of the forest, general or local, is so exceedingly complex and difficult that it cannot, with our present means of knowledge, be decided upon a priori grounds. It must now be regarded as a question of fact which would probably admit of scientific explanation if it were once established what the ...
— The Earth as Modified by Human Action • George P. Marsh

... look so and speak so." Which of the two opinions was right is of course a complex medical matter into which a book like this has neither the right nor the need to enter. But this much may be stated as a mere question of fact. In the summer of 1846 Elizabeth Barrett was still living under the great family convention which provided her with nothing but an elegant deathbed, forbidden to move, forbidden to see proper daylight, forbidden to receive a friend ...
— Robert Browning • G. K. Chesterton

... not competent to self-government." True: this is the very thing which may be, and which is, said by every Southern statesman in his advocacy of the institution of slavery. Let us see the author's reply. "This is a question of fact," says he, "which is not in the province of moral philosophy to decide. It very likely may be so. So far as I know, the facts are not sufficiently known to warrant a full opinion on the subject. We will, therefore, suppose ...
— Cotton is King and The Pro-Slavery Arguments • Various

... my Prophetical Office, as regards the Via Media, that I was making only "a first approximation to a required solution;"—"a series of illustrations supplying hints in the removal" of a difficulty, and with full acknowledgment "that in minor points, whether in question of fact or of judgment, there was room for difference or error of opinion," and that I "should not be ashamed to own a mistake, if it were proved against me, nor reluctant to bear the just blame ...
— Apologia pro Vita Sua • John Henry Newman

... is a maxim of the law, that the judges respond to the question of law, and juries only to the question of fact. The answer to this objection is, that, since Magna Carta, judges have had more than six centuries in which to invent and promulgate pretended maxims to suit themselves; and this is one of them. Instead of expressing the law, it expresses nothing but the ambitious and ...
— An Essay on the Trial By Jury • Lysander Spooner

... up between the President and the author of the Nebraska bill, on the mere question of fact, whether the Lecompton constitution was, or was not, in any just sense, made by the people of Kansas; and in that quarrel the latter declares that all he wants is a fair vote for the people, and ...
— American Eloquence, Volume III. (of 4) - Studies In American Political History (1897) • Various

... He explains the question of fact as consisting in the point whether M. Arnauld was guilty of temerity in expressing his doubts as to the propositions being in Jansen’s book after the bishops had declared that they were. No fewer than seventy-one doctors undertook his defence, maintaining that all ...
— Pascal • John Tulloch

... appeal in criminal cases. By the Criminal Appeal Act of that year, however, there was (p. 175) established a Court of Criminal Appeal to which any person convicted may appeal on a question of law and, under stipulated conditions, on a question of fact also. This tribunal is composed of the Lord Chief Justice and eight judges of the King's Bench appointed by him with the assent of the Lord Chancellor. It, therefore, has no immediate connection with the Court ...
— The Governments of Europe • Frederic Austin Ogg



Words linked to "Question of fact" :   question, head



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