Ad quaestionem facti non respondent judices; ad quaetionem legis non respondent juratores

Ad quaestionem facti non respondent judices; ad quaetionem legis non respondent juratores

Literal Meaning

The judges do not answer to a question of fact; the jury do not answer to a question of Law.


In simple terms questions of law are for the judge to decide whereas questions of fact are for the jury to decide.  However, this short answer is incomplete. Especially, if a person charge with a crime like intoxicated driving. Question of law are such questions which are decided taking the help of law. Question of fact are such questions which are decided on the basis of evidence adduced by both the parties in proof or disproof of a fact. 




1. If the sale deed is proved to be executed by one A, but it is unregistered as required under the Indian Registration Act 1908, then the judge will decide the question of law if the sale deed passes on a good title or not.

 2. Whether a sale deed was executed by A is a question of fact it will decided by jury.

Case References

The Oriental Investment Co. Ltd. v. Commissioner of Income-tax, Bombay, [1958] S. C. R. 49

In this case it was held that whether the appellant’s business amounted to dealing in shares and properties or to investment is a mixed question of law and fact and that the legal effect of the facts found by the tribunal as a result of which the appellant could be treated as a dealer or investor is a question of law.

Meenakshi Mills, Madurai v. Commissioner of Income-tax, Madras,1957 AIR 49, 1956 SCR 691

In this case it was held that the question of benami is purely a question of fact and not a mixed question of law and fact as it does not involve the application of any legal principles for its determination. In dealing with the argument urged by the appellant, this Court has fully considered the true legal position in regard to the limitation of the High Court’s jurisdiction in entertaining references under s. 66(1) of The Income- Tax Act, 1995 in the light of several judicial decisions bearing on the point.

Damodar Lal vs Sohan Devi And Ors, (2016) 3 SCC 78

 In this case court mentioned in the judgment that finding has been endorsed by the first appellate court on re-appreciation of the evidence, and therefore, the High Court in second appeal was not justified in upsetting the finding which is a pure question of fact. Court has no hesitation to note that both the questions of law framed by the Judges are not substantial questions of law. Even if the finding of fact is wrong, that by itself will not constitute a question of law. The wrong finding should stem out on a complete misreading of evidence or it should be based only on conjectures and surmises.

Edited by Sree Ramya

Approved & Published – Sakshi Raje

Shivani Rani
I am Shivani Rani from Faculty of Law, Aligarh Muslim University,Aligarh pursuing BALLB(Hons.). Criminal law and personal laws of country attracts me the most. I like to read books mostly based on fictin and also like to watch suspense & thriller movies as well as crime thriller web series, in free time. I love to take part in moot court competitions as well as research study work. I am enthusiastic about exploring new places and listening music. I am kind of ambivert person i.e., not so introvert and not so extrovert.