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Question of fact v Question of law

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Question of fact v Question of law

  • This topic has 1 reply, 2 voices, and was last updated 7 years ago by MikeLittle.
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  • December 4, 2017 at 2:42 pm #420219
    phuongltn
    Member
    • Topics: 15
    • Replies: 11
    • ☆

    Dear Sir,
    Can you help me clarify the difference between a ‘question of fact’ and a ‘question of law’?
    Thanks a lot,
    Kind regards,
    Phuong

    December 4, 2017 at 2:54 pm #420221
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23333
    • ☆☆☆☆☆

    Where something is a question of fact it means that the implications of a specific matter are being disputed

    Just recently in the UK a number of criminal charges have been dropped because it was found they 2 people in the DNA testing laboratories had been falsifying DNA results

    Now some people have already been convicted based on DNA evidence and those cases are ow being very closely reviewed because the facts of the DNA findings that helped to consist them are now being re-looked at

    A question of law arises where, for example, a High Court judge faced with a case where new legislation is being considered makes a decision based on that judge’s own interpretation of the law

    But appeal may then result where the losing counsel appeal to the Court of Appeal claiming that the High Court judge has misinterpreted the law

    So that appeal would be one that is based on a question of law

    OK?

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