Term and General Meaning of ‘Questions’ in Law
The term ‘Questions’ (English for ‘Fragen’) refers, in the legal context, to a range of issues that may arise during legal proceedings, examinations, contracts, and legislative processes. It is a central expression in both Anglo-American and international legal language, covering numerous areas of application. A ‘Question’ may be a question of fact, a question of law, a procedural question, or a controverted question, and is thus central to many decision-making processes and investigatory actions.
Different Types of Questions in Law
Question of Law
A question of law is an issue concerning the interpretation or application of the law. It is answered independently and autonomously by the deciding authority, without the factual circumstances of the individual case being the primary focus. Deciding questions of law is generally the responsibility of the courts.
Question of Fact
In contrast, the question of fact refers to actual events or circumstances. This includes the determination of how an event or condition actually took place. In legal proceedings, the responsibility for answering questions of fact often lies with the court, and in the Anglo-American legal system, possibly with a jury.
Procedural Question
Procedural questions concern the conduct and order of a legal proceeding, such as the admissibility of certain applications, the sequence of evidence collection, or the decision-making authority of a panel.
Controverted Question
A controverted question, also known as a disputed question or ‘controverted question’, is an issue between the parties to a proceeding or process that requires judicial clarification.
Significance of Questions in National and International Legal Systems
Questions in the German Legal System
In the German legal system, the terms question of fact and question of law are clearly distinguished from one another. The precise classification significantly affects the possibilities for appeal, appellate procedures, and the assessment of evidence. The appellate instance, for example, predominantly examines questions of law, while questions of fact are clarified in the trial courts.
Questions in Anglo-American Legal Systems
In Common Law, a distinction is also made between ‘question of law’ and ‘question of fact’. The issue of who decides which type of question (judge, jury) significantly influences the procedure and the scope of available legal remedies. In many cases, only one particular type of question is subject to review by higher courts, which has implications for individual legal protection guarantees.
Questions in International Law
In international law, the term is used particularly in arbitration proceedings, in arbitration clauses, or in discussions on jurisdiction (jurisdictional questions). It is important, in cross-border contexts, how questions of fact and law are distinguished and handled between different legal systems.
Legal Consequences and Significance of Questions
Appellate and Review Law
The distinction between questions of law and questions of fact is of central importance for the available legal remedies in court proceedings. For example, under German civil procedure law, review is essentially limited to questions of law, while questions of fact have been conclusively determined. Likewise, in US law, the basic rule is that appellate courts primarily review ‘questions of law’.
Assessment of Evidence and Establishment of Facts
Classifying a question as a question of fact influences which party is responsible for presenting and proving it. It is also relevant whether and to what extent a finding of fact may be reviewed and who makes the final determination (court, jury, expert witness).
Case Law and Precedent
Particularly in Anglo-American law, in the case of ‘questions of law’, the binding effect of precedents is relevant. Courts are generally bound by prior legal decisions (‘questions of law’), while ‘questions of fact’ are decided case by case.
Questions in Legislative Processes and Administration
Legislative Procedures
In the context of legislative processes, so-called policy questions frequently arise, that is, fundamental questions in which legislators weigh and evaluate political, economic, and social impacts.
Administration and Administrative Procedures
In administrative procedures, the distinction between questions of law and fact is likewise crucial for determining competence, reviewability, and the rights of the parties involved. This also includes questions of admissibility (admissibility questions) and issues relating to discretionary decisions.
Special Forms and Specific Regulations
Question Catalogs in Examination Procedures
In examinations, particularly in the public sector, ‘questions’ are used as standardized examination or control questions. Special requirements apply as to formulation, assessability, and legal remedies against examination results.
Judicial Orders for Questions
In English-language procedural law, courts may instruct parties to answer certain ‘questions’ or to decide on submitted questions, for example in the context of reference questions to higher courts.
References and Further Reading
- Musielak/Voit, Zivilprozessordnung, aktuelle Auflage.
- Zöller, Commentary on the Code of Civil Procedure, current edition.
- Schwarz, International Arbitration, current edition.
- Black’s Law Dictionary, latest edition.
Summary: The term ‘Questions’ plays a multifaceted role in law by framing fundamental decision-making and specialist discourses. The distinction between questions of law and fact, for example, affects procedures, decision-making powers, evidentiary procedures, and the reviewability of judicial as well as administrative decisions. The legal significance of ‘Questions’ thus extends to almost all legal fields and types of proceedings, with precise classification in each individual case being crucial for the preservation of fundamental principles of the rule of law.
Frequently Asked Questions
What legal requirements apply to the collection of questions in online forms?
In the legal context, the collection of questions in online forms is subject to various data protection and information obligations. According to the General Data Protection Regulation (GDPR), each question collected must serve a legitimate purpose, which must be clearly defined at the time of data collection and made transparent to users. This includes, in particular, information on what personal data is collected, the legal basis for the collection, the purpose for which the data are used, and how long the data will be stored. Questions regarding particularly sensitive personal data, such as health, ethnicity, or religion, are subject to even stricter protection and may only be asked in exceptional circumstances and with explicit consent (Art. 9 GDPR). Questions that are irrelevant, discriminatory, or disproportionate, or that would violate the prohibition of discrimination, especially in employment law (§ 1 AGG), are impermissible. When online forms are used, the obligation to ensure appropriate technical and organizational measures in accordance with Art. 32 GDPR to ensure the security of data processing must also be observed.
What legal obligations exist regarding the answering of judicial questionnaires?
Judicial questionnaires, for example in the context of taking evidence, must generally be answered by the parties to proceedings. Pursuant to §§ 138 ff. ZPO (German Code of Civil Procedure), there is a duty to tell the truth as well as the obligation to provide full and timely information. In particular, information may not be withheld willfully, as this can be considered procedural fraud (§ 263 StGB). If a party refuses to answer without good reason, procedural disadvantages such as preclusion or a default judgment may result. In case of intentional false or incomplete answers, criminal sanctions may also be imposed. In certain cases, such as the duty of disclosure to the family court (§ 1605 BGB), answering may even be enforced by compulsion.
What liability risks exist when publicly answering legal questions?
Publicly answering legal questions, such as on websites, forums, or social networks, carries specific liability risks. Anyone who is not a lawyer and gives legal advice risks violating the Legal Services Act (RDG), which restricts legal consultations in a professional context strictly to lawyers (§ 3 RDG). Violations may lead to cease-and-desist and damage claims as well as fines where applicable. Even admitted lawyers are liable for incorrect advice under § 280 BGB and according to professional regulations (BRAO). If the advice infringes upon the interests of third parties, cease-and-desist or damage claims may be asserted. In data protection law, there is also a risk of breaching the GDPR by unlawfully processing personal data in the response.
Are companies obliged to comply with certain retention periods for documented customer inquiries?
Yes, companies are required to observe certain retention periods for documented customer inquiries, provided these arise in the context of business relationships and are to be classified as business correspondence or tax-relevant information. According to § 257 HGB and § 147 AO, commercial and business letters must be retained for six years, and accounting records and tax-relevant documents for ten years. Customer inquiries may also be included if they concern contract negotiations, complaints, or business transactions. It must also be ensured that data storage always complies with the GDPR: If the data is no longer required for the original purpose, it must be deleted without delay (Art. 17 GDPR).
Under what conditions are questions legally permissible in job interviews?
Under German law, questions in job interviews are generally only permissible to the extent that they have a direct connection to the advertised position and the employer’s business interest. § 1 AGG is decisive, prohibiting discrimination based on gender, race, ethnic origin, religion, disability, age, or sexual identity. Questions on these characteristics are generally not permitted and applicants may answer inaccurately to such questions without employment law consequences (so-called ‘right to lie’). Exceptions apply where certain personal attributes are essential for the job (so-called ‘permissible occupational requirement’, § 8 AGG). In principle, questions may only be asked if they are relevant to the filling of the position and are justified on objective grounds. In addition, all data collected is subject to the data protection law principle of necessity.
Under what circumstances may questions be refused in the context of authority inquiries?
Under administrative law, there is generally an obligation to cooperate and to provide truthful information to authorities, for example in tax law (§ 90 AO) or social law (§ 60 SGB I). However, certain questions are impermissible, particularly if they concern the right to informational self-determination, the right to refuse testimony (§ 52 StPO), or the right against self-incrimination (§ 55 StPO). This is particularly relevant in criminal proceedings, where no one can be forced to incriminate themselves. For certain professional groups, such as clergy or physicians, there is also a right to refuse testimony (§ 53 StPO). Otherwise, authorities may only ask questions that are legally permitted and necessary for fulfilling their duties. Unlawful or non-purposeful questions may be refused without legal disadvantage.
