What Is a Question of Law?

A question of law is an issue which comes up before, during, or after a trial which pertains to
interpretation of the law. Questions of law are decided by a judge, who weighs the available
information, considers his or her knowledge of the law, and issues a ruling on the matter. Judges
also determine whether or not a question brought up in court is a question of law or a question of
fact, as questions of fact are decided by the jury, not the judge, in jury trials.
By contrast, a question of fact concerns the actual factual events which occurred. In trials where
a jury is not present, the judge rules on both questions of law and fact, but in jury trials, only the
jury can decide on the facts. It is the responsibility of the judge to make sure that the law is
applied fairly and appropriately to the case, allowing the determination of facts to be made by the
jury.
For example, in a murder trial, the question: Did the defendant kill the deceased? is a question
of fact. It must be decided by the jury on the basis of the available information. By contrast, If
someone buys a gun, plans to kill a person, and shoots someone with it, is it first degree
murder? is a question of law. Questions of law can be raised by either party during the trial and
they require legal expertise to answer.
When cases are appealed, it is most often questions of law which are discussed in the appeal.
Unless there were drastic problems with the way the facts were presented at the initial trial or
critical information was missing, the determination of the facts is considered valid. What may be
questioned in the appeal is whether or not the questions of law were properly settled. Sometimes
a question of law depends heavily on the discretion of the judge and another judge may rule that
the first judge was actually incorrect.
When a judge makes a decision about a matter of law, the judge may issue a formal written
opinion. This is especially important when the judge is making a decision which may be
controversial, or is interpreting a law in a new way. This written opinion on a question of law can
be referenced by other judges when they make determinations about matters of law, and such
legal decisions become part of jurisprudence.
For example, in a traffic case, the question of whether the defendant was speeding
would be a question of fact. Whether the speeding regulation applied to the parking
lot in which the citation was issued would be a question of law. In a further example,
if an employee claims discrimination based on termination for alcoholism, the
reason for termination would be a question of fact. Whether alcoholism is covered
as a disablilty protected by laws preventing employer discrimination based on
disabilities would be a question of law.

Question of fact

Definition
1) An issue of fact, not law. A question of fact is resolved by a trier of fact, i.e. a jury or, at a
bench trial, a judge, weighing the strength of evidence and credibility of witnesses. Conversely, a
question of law is always resolved by a judge.
2) In some jurisdictions, an issue regarding the determination and/or interpretation of foreign law
in a case. A party seeking to rely on foreign law must prove it like any other fact that has not
been judicially noticed. In some jurisdictions, a question of fact regarding the determination
and/or interpretation of foreign law is resolved by a jury or, at a bench trial, a judge.

Illustrative caselaw
In Wilson v. Clarica, the British Columbia Court of Appeal wrote:
"The existence and nature of a duty is a question of law. Whether a duty has been breached is a
question of fact."
In a jury trial, only questions of fact are put to the jury. Questions of law are not; they are to be
resolved by the Court.
Characterizing the issue appeal with certainty, compartmentalizing it neatly into the pigeon holes
of question of law, question of fact or mixed question of fact and law is not infrequently difficult
to segregate; like putting to the mathematician the square root of pi
Pakistan Customs is guardian of Pakistani borders against movement of contra band goods and is
a facilitator of legitimate trade. A major portion of the government revenue is generated through
taxes levied on the goods traded across the borders of Pakistan . It also helps protect the domestic
industry of Pakistan, discourage consumption of luxury goods and stimulate development in
under-developed areas.
Main documents of the import process are as follows:

Import General Manifest (IGM)

Bill of Entry (BOE)

An IGM is generated by a carrier (or his agent), who brings the imported goods into the territory
of Pakistan. An importer or his agent in accordance with the documents of import prepares BOE.
The goods are then examined and assessed for value by the customs authorities. After payment of
customs duty and other taxes at import stage the goods are cleared for home consumption.
Removal of goods to a bonded warehouse, provisional release of goods against bank guarantees,
trans-shipment of imported goods to up country dry ports and auction of goods not cleared

within a stipulated period of time are also part of the import process.
Main document of the export process are:

Shipping Bill

Export General Manifest (EGM)

A Shipping Bill is prepared by the exporter or his agent and presented to the customs authorities
along with goods to be exported. After examination and valuation of goods, the customs
authorities allow the export and rebate is sanctioned against payment of customs duty on the
imported raw materials used in the manufacture of such goods. EGM is generated by the carrier
(or his agent) taking goods out of Pakistan.
Custom Duty Legislation in Pakistan

Customs Act, 1969

Customs Tariff