Mixed Question of Law and Fact (Brandeis Doctrine of Assimilation of Facts)

Where what purports to be a finding upon a question of fact is so involved with and

dependent upon a question of law as to be in substance and effect a decision on the latter,

the Court will, in order to decide the legal question, examine the entire record including the

evidence, if necessary.

 This arises where there is difficulty in separating reviewable questions of law from non-

reviewable questions of fact.

 An Admin finding on a mixed question of fact and law is subject to judicial review, on

which the court may substitute its judgment for that of the admin agency.

 It is to be noted that Admin determinations upon such mixed questions of fact and law

carries a strong presumption of its correctness and courts will not ordinarily review it.

 Courts usually apply Brandeis Doctrine of Assimilation of Facts w/ respect to mixed

questions of law and fact.

o Where what purports to be a finding upon a question of fact is so involved with

and depended upon a question of law as to be in substance and effect a decision

of the latter, the Court will, order to decide the legal question, examine the entire

record, including the evidence if necessary as it does in cases coming from the

highest court of the State. (Justice Brandeis, St. Joseph Stock Yards Co. v. US)

o Under this doctrine, the more important question assimilates the other.