Question of law - sustany/dvg GitHub Wiki

An issue that is always resolved by a judge, not a jury, including:

  1. An issue regarding the application or interpretation of a law.

  2. An issue regarding what the relevant law is. If there are two or more mutually exclusive laws, a judge determines which law is relevant.�

  3. An issue of fact that nevertheless has been reserved for judges, not juries, to resolve.

See, e.g. White v. Continental Cas. Co. 878 N.E.2d 1019 (N.Y. 2007).

  • question of fact
  • summary judgment