What is a Meant By a Question on Appeal?
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Answer:
Arguments upon appeal are made mainly through written briefs, which present the issues to be decided (questions) on appeal and cite the legal authorities and arguments in support of each party's position. In reviewing errors of the lower court, the errors focused on are of a legal nature, appellate courts will usually not disturb factual findings. A legal issue or issue of law is a legal question which is the foundation of a case. It requires a court’s decision. It can also refer to a point on which the evidence is undisputed, the outcome of which depends on the court's interpretation of the law.
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.