Matter of Fact


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Matter of Fact

That which is to be determined by the senses or by the testimony of witnesses who describe what they have perceived through the senses of sight, smell, touch, taste, and hearing.

Trials are highly complex forums for the consideration of fact, opinion, and law. Each area is distinct in its type and in who has responsibility for evaluating it. Courts use the term matter of fact to distinguish a particular kind of information. A fact is a thing done—an actual occurrence or event—and it is presented during a trial in the form of testimony and evidence. The rules of evidence generally allow witnesses to testify as to what they personally know about the facts in dispute, but do not allow witnesses to testify as to their opinions (i.e., thoughts, beliefs, or inferences) in regard to those facts. An exception is made for expert witnesses, whose technical or scientific specialty is considered sufficient to allow them to state their opinion on relevant and material matters.

Facts are often difficult to ascertain because the record is unclear or because competing interpretations of the facts are presented. questions of fact are for the jury, which must weigh their validity in reaching a verdict. The jury's role is kept distinct from that of the court, which has the authority to rule on all matters of law.

Cross-references

Matter of Law.

See: certification, fait accompli, prosaic, unpretentious

MATTER OF FACT, pleading. Matter which goes in denial of a declaration, and Dot in avoidance of it. Bac. Ab. Pleas, &c. G 3; Hob. 127.

References in periodicals archive ?
Edward Wall, president of Pierian Press (publisher of the A Matter of Fact database), "with innovative interfaces INN-View or tape-load option, it will be possible for library patrons to gain remote access to the A Matter of Fact database from their homes, offices, or dorm rooms.
For this welcome convenience, and for its keen eye to timely issues, A Matter of Fact is a deserving BUDDIE winner.
Intercepting and preventing fraud is best done on the front-end of the lending process and can be simply a matter of fact checking both public and non-public databases," said Steve Schroeder, CEO of C&S Marketing.
As a matter of fact, we're in great shape,'' said Marie Lamelle of DWP.
As a matter of fact, more than a third of all households are buying organic foods today.
As a matter of fact, some of the nicest things we gave away last year were the dinners.
As a matter of fact, one radio station, KKXX-FM in Bakersfield, California, even created a unique, unauthorized "9/11 Mix" reading of "Heaven (Candlelight Mix)," spotlighting a little girl's message to her missing father, that quickly became one of the most requested songs in that station's history.
As a matter of fact, I don't ever get involved with any of the judges, and if I see them, it's usually in passing at ringside.
As a matter of fact, management has stated that it aims to sell a proportion of both banks' assets soon after the merger, which would bring their market share down to a level of around 20-22%.
As a matter of fact, I'm pretty sure I'm going to find my wife in El Paso.