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AD QUAESTIONEM FACTI NON RESPONDENT JUDICES; AD QUAESTIONEM LEGIS NON RESPONDENT JURATORES

Legal maxim and Latin for the judges do not answer to a question of fact; the jury does not answer to a question of Law. The jury is the trier for facts, determining which are and which are not credible. It is the judge who is the trier of law, who determines whether or not a law is appropriate for application to a set of facts, such as determining that there is insufficient evidence to bring a specific criminal charge or civil case. Judges do not decide questions of fact just as the jury does not decide questions of law. This applies to trials by jury, and where the issue turns rather upon facts than legal construction, such method of trial is usually, but not necessarily, followed.

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