An example will make
this clearer. “You have killed a man.” “I did not kill
him.” The question
is whether he has killed him;
is the conjectural.
But the following case is
very different. “I have the right to bring this action.”
“You have not the right.” The question is whether he
has the right, and it is from this that we derive the basis.
For whether he is allowed the right or not depends
on the event, not on the cause itself, and on the decision of the judge, not on that on account of which
he gives such a decision.