2. Is the question whether certain conduct is negligent one of law or of fact? Legal scholars have long debated the issue without resolution. In any event, the issue ordinarily is left to the jury. Why? Are the reasons for giving the issue to the jury any less persuasive when the finder of fact is a judge sitting without a jury? Is there a difference if the standard of care to be applied by the judge sitting without a jury must be derived from the testimony of experts?

Why?