Question of fact in a lawsuit or criminal prosecution must be determined by the "trier of fact" (the jury or the judge in a non-jury trial) after hearing evidence in order to reach a decision in the case. A "question of fact" may also be raised in a motion for summary judgment which asks the court to determine whether there are any questions of fact to be tried, allowing the judge to rule on the case or dismiss the complaint before having a trial. "Questions of fact" are distinguished from "questions of law," which can only be decided by the judge.
