Identifying Issues of Law and Issues of Fact: Directions: For the following ques

Question

Identifying Issues of Law and Issues of Fact:

Directions: For the following questions, please indicate whether the issues are those of fact for of law:

1. Are there witnesses? Fact or Law
2. Were there guard rails? Fact or Law
3. What is in the contract? Fact or Law
4. Is an oral contract binding? Fact or Law
5. What caused the fracture?   Fact or Law
6. What is a felony? Fact or Law
7. Is a doctor licensed? Fact or Law
8. Should a person offer assistance at the scene of an accident? Fact or Law
9. Does breaking a window constitute “breaking and entering?” Fact or Law
10. Is the driver of a “gateway” car an accomplice to a crime? Fact or Law

Explanation / Answer

Directions: For the following questions, please indicate whether the issues are those of fact for of law:

1. Are there witnesses? Fact or Law

In case the answer is Yes then I would like to relate it to Law because the law needs witnesses in most of the cases of disputes. In case Law does not require witnesses then "The statement- there are witnesses or there is no witness" represent the facts.
2. Were there guard rails? Fact or Law

The question is about the fact about the existence or non-existence of guard rails.
3. What is in the contract? Fact or Law

Contract is well defined under the Law so the question is about the validity of the contract.
4. Is an oral contract binding? Fact or Law

Yes, an oral contract is also binding unless otherwise prescribed under the law, so related to law.
5. What caused the fracture?   Fact or Law

This is about the fact related to reason/ cause for the fracture.
6. What is a felony? Fact or Law

Under the criminal law, a felony is a category of crimes that are most serious offences, so is related to law.
7. Is a doctor licensed? Fact or Law

There are rules, regulation and law related to a licensed Doctor may be matter of law but in case just to know the status of a doctor having license or not is more of a fact.
8. Should a person offer assistance at the scene of an accident? Fact or Law

I am afraid there is any such law that binds a person to offer assistance at the scence of an accident but yes as per social, moral and ethics norms a person should offer assistance. Therefore more of a fact than law.
9. Does breaking a window constitute “breaking and entering?” Fact or Law

May be both, innocent miscoduct with no bad intention or unintentional act, so a mere fact. Matter of law related to tresspassing and or with intention to commit crime so related to law.
10. Is the driver of a “gateway” car an accomplice to a crime? Fact or Law

Depends on the role played by the driver in the crime and or having knowledge about the committment of the crime.

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