Legal Definitions - a pais

The legal term a pais (pronounced "ah pay") is a historical term originating from Law French. It refers to matters of fact that are presented to and decided by a jury, rather than questions of law decided by a judge. Essentially, it describes a factual dispute that is "at issue" and needs to be resolved by the community (the "country" or jury) based on the evidence presented.

In historical legal practice, when a case involved a disagreement over what actually happened, those factual questions were said to be "a pais," meaning they were to be tried by a jury of the community. This distinguished them from legal questions, such as interpreting a statute or applying a legal principle, which were reserved for the judge.

Here are some examples to illustrate this concept:

• Criminal Trial for Assault:

  Imagine a defendant accused of assault claims they acted in self-defense. The legal question of whether self-defense is a valid legal justification is a matter for the judge. However, the factual questions of whether the defendant actually used force, what specific actions they took, and whether those actions were reasonable given the perceived threat are all matters considered a pais. These factual disputes would be presented to the jury, which would then decide what truly happened and if the self-defense claim holds up based on the evidence.

• Contract Dispute Over a Verbal Agreement:

  Consider a situation where two businesses have a dispute over a verbal agreement. One party claims a specific promise was made regarding the delivery of goods, while the other denies that such a promise ever occurred or that its terms were different. The legal principles governing the formation and enforceability of verbal contracts are for the judge to interpret. However, the core factual questions of whether a promise was actually made, what its precise terms were, and whether the parties intended to be legally bound are all matters a pais. These factual disagreements would be presented to a jury for their determination based on witness testimony and other evidence.

• Property Boundary Dispute:

  Suppose two neighbors are in disagreement over the exact location of their shared property line. While the legal rules for interpreting deeds and property surveys are matters of law for the court, the specific factual evidence — such as conflicting witness accounts about where an old fence historically stood, the location of specific landmarks, or the long-standing use of a particular strip of land — would be considered matters a pais. These factual elements would be presented to a jury, which would then weigh the evidence to determine the true boundary between the properties.