In an adversarial legal system, who typically decides questions of law?

• A. The judge
• B. The jury
• C. The plaintiff
• D. The defendant

Answer: (A)

In an adversarial system, questions of law are decided by the judge. The judge interprets statutes, rules on what evidence is admissible, and determines how the law should be applied to the facts presented. Juries, when used, decide questions of fact—what actually happened and whether the elements of a claim or crime were proven based on the evidence. The plaintiff and defendant present evidence and arguments, but the legal rulings and instructions given to the jury come from the judge. For example, the judge decides whether a contract is legally enforceable under the law, while the jury or finder of fact decides whether the contract was breached based on what happened.