in a lawsuit or criminal prosecution, an issue of fact in which the truth or falsity
(or a mix of the two) must be determined by the "trier of fact" (the jury or the
judge in a non-jury trial) in order to reach a decision in the case. A "question
of fact" may also be raised in a motion for summary judgment which asks the court
to determine whether there are any questions of fact to be tried, allowing the judge
to rule on the case (usually to dismiss the complaint) at that point without a trial.
"Questions of fact" are distinguished from "questions of law," which can only be
decided by the judge.
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