what does “point of law” mean (in laymen terms)?

Hey i have read a few answers and i still don’t understand what “point of law” is or means. So could someone be kind enough to explain it to me in laymen terms 🙂 thanks

5 Answers

  • Normally it comes down to who should make a decision in a trial.

    If something is based on FACTS presented then the jury would be left to decide but when it comes

    to something that must be determined based on laws then the Judge would make the decision

    Take DNA evidence in a trial, these are FACTS so the jury would decide if the facts were strong enough to prove the case.

    Now lets say that the police obtained some evidence without a proper search warrant. This becomes a POINT OF LAW where the judge has to make a determination as to whether or not it can be admitted into evidence. A lack or a warrant does not necessarily make evidence inadmissible, the items could have been in plain full view of the officer.

    Most juries would agree that a search warrant is required in every situation, so might naturally disregard the evidence when in reality the evidence was legally gathered.

    Jury’s make decisions based on facts, Judges make decisions based on law

  • A bit of cut and paste that seems to explain it pretty well:

    An issue that is within the province of the judge, as opposed to the jury, because it involves the application or interpretation of legal principles or statutes.

    At any stage in a proceeding, before or during trial, a judge may have to determine whether to let a jury decide a particular issue. In making this determination, the judge considers whether the issue is a question of law or a question of fact. If the question is one of fact, it should be decided by the jury at trial. If the question is one of law, the judge may decide it without affording the parties the opportunity to present evidence and witnesses to the jury.

  • Point Of Law

  • The law that happens to be on point for the particular issue. So if it was a case where someone hit someone then the “point of law” would be a case or statute that deals with “assault.”

  • An issue that is within the province of the judge, as opposed to the jury, because it involves the application or interpretation of legal principles or statutes.

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