— Also termed mixed question of fact and law. [Cases: Administrative Law and Procedure 781; Appeal and Error 842(9); Criminal Law 735; Federal Courts 754; Trial 137. C.J.S. Appeal and Error § 778; Criminal Law §§ 998, 1273, 1275; Public Administrative Law and Procedure § 227; Trial § 336.]
“Many issues in a lawsuit involve elements of both law and fact. Whether these be referred to as mixed questions of law and fact, or legal inferences from the facts, or the application of law to the facts, there is substantial authority that they are not protected by the ‘clearly erroneous’ rule and are freely reviewable. This principle has been applied to antitrust violations, bankruptcy, contracts, copyright, taxation, and to other areas of the law.” 9A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 2589, at 608–11 (2d ed. 1995).
