Legal Definitions - matter

In legal contexts, the term "matter" is used broadly to refer to a subject, issue, or dispute under consideration. It can also describe specific facts or allegations that form the basis of a legal claim or defense. Beyond this general meaning, several specific types of "matter" are distinguished:

• Matter (General Meaning)

  A specific subject, issue, or dispute that is being considered, discussed, or decided by a court or other legal authority. It can also refer to the specific allegations or facts that form the basis of a legal claim or defense.

  • Example 1: A judge might open a court session by stating, "We will now proceed with the matter of the property dispute between the two neighbors."

    Explanation: Here, "matter" refers to the entire legal case or dispute concerning the property that is currently before the court for resolution.

  • Example 2: A lawyer might advise a client on "a complex legal matter involving international trade regulations."

    Explanation: In this context, "matter" refers to the entire legal issue or problem that the client is facing and for which they are seeking legal counsel.

  • Example 3: In a plaintiff's complaint, they might list "the various matters of negligence" they allege against the defendant.

    Explanation: Here, "matters" refers to the specific allegations or points of fact and law that the plaintiff is raising as the foundation of their lawsuit.

• Matter of Fact

  An issue that needs to be proven true or false based on evidence presented in a legal proceeding. It involves determining what actually happened or existed.

  • Example 1: In a criminal trial, whether the defendant was present at the scene of the crime at a specific time is a matter of fact for the jury to decide.

    Explanation: The jury must weigh the evidence (witness testimony, alibis, surveillance footage) to determine the truth of this specific factual claim.

  • Example 2: In a product liability case, whether a manufacturing defect existed in a car's braking system at the time of sale is a matter of fact.

    Explanation: Experts and evidence will be presented to establish whether the defect was present, which is a factual determination.

• Matter of Law

  An issue that requires a judge to interpret and apply legal rules, statutes, or precedents to a given situation. It's about what the law *is* and how it applies, rather than what happened.

  • Example 1: Whether a particular contract clause is legally enforceable under state consumer protection laws is a matter of law for the judge to decide.

    Explanation: The judge must interpret the relevant statutes and legal precedents to determine the clause's validity, regardless of the specific facts of how the contract was signed.

  • Example 2: Deciding if certain evidence is admissible in court under the rules of evidence is a matter of law.

    Explanation: The judge applies established legal rules to determine if the evidence can be presented to the jury, not whether the evidence itself is true.

• Matter of Form

  An issue concerned only with the procedural requirements, appearance, or non-essential characteristics of a legal document or process. These are usually minor details that do not affect the core legal arguments or merits of a case.

  • Example 1: An attorney might object to an opposing counsel's filing because it was not properly paginated according to court rules, which would be a matter of form.

    Explanation: The objection relates to a procedural detail rather than the substance of the arguments within the filing.

  • Example 2: If a legal motion is incorrectly titled but clearly conveys its purpose, the error might be considered a matter of form that the court could overlook or allow to be corrected.

    Explanation: The mistake is in the presentation, not in the legal argument itself.

• Matter of Substance

  An issue that concerns the fundamental merits, critical elements, or core legal arguments of a case. These are the essential aspects that directly impact the outcome.

  • Example 1: Arguing that a key witness's testimony should be excluded because it was obtained through illegal means is a matter of substance.

    Explanation: This challenge goes to the heart of the evidence and its impact on the case's outcome, not just a procedural detail.

  • Example 2: A defendant's claim that the plaintiff's lawsuit was filed after the legal deadline (statute of limitations) is a matter of substance that could lead to the case being dismissed entirely.

    Explanation: This argument directly affects the legal viability of the entire claim.

• Matter of Record

  Information or facts that have been officially documented and preserved in a public or judicial record. Such matters can typically be proven by simply presenting the official document.

  • Example 1: A deed proving ownership of a piece of property is a matter of record.

    Explanation: The ownership is officially documented in public land records and can be verified by producing the deed.

  • Example 2: The final judgment issued by a court in a previous lawsuit is a matter of record.

    Explanation: The court's decision is officially recorded in the court's files and can be presented as evidence of the outcome.

• Matter in Pais

  Facts or events that are not officially recorded in writing and must therefore be proven through other forms of evidence, such as witness testimony, physical objects, or circumstantial evidence.

  • Example 1: A verbal agreement between two business partners, never written down, would be a matter in pais that needs to be proven by their testimony or other actions.

    Explanation: Since no written record exists, the existence and terms of the agreement must be established through unwritten evidence.

  • Example 2: The specific details of an unrecorded conversation between two individuals, where one allegedly made a threat, would be a matter in pais to be proven by the testimony of those present.

    Explanation: The exact words spoken are not officially documented and rely on oral accounts.

• New Matter

  New facts, claims, or defenses that a party introduces into a lawsuit that were not previously mentioned in the initial legal documents (pleadings).

  • Example 1: In a lawsuit for unpaid services, if the defendant later discovers and claims that the services provided were fundamentally flawed, this would be considered new matter if not raised in their initial response.

    Explanation: This introduces a new defense that was not part of the original arguments.

  • Example 2: A defendant might introduce new matter in their answer to a complaint, such as an affirmative defense like "accord and satisfaction," meaning the parties already settled the dispute.

    Explanation: This is a new legal argument with new facts that the defendant is bringing into the case.

• Special Matter

  In older legal procedures, this referred to specific, unusual defenses or evidence that a defendant was allowed to present, beyond a simple denial of the accusations, after giving proper notice to the opposing party. It allowed for more detailed arguments than a general "not guilty" plea.

  • Example 1: In a historical common-law case where a defendant was accused of assault, if they wished to argue that they acted in self-defense, this specific justification would be introduced as special matter.

    Explanation: Self-defense is a specific legal argument that goes beyond simply denying the assault and requires advance notice.

  • Example 2: If a defendant in an old trespass case wanted to claim they had a legal easement (right-of-way) across the plaintiff's land, this specific right would be presented as special matter.

    Explanation: This is a specific, detailed defense that explains why the defendant's actions were lawful, rather than just a general denial of trespass.