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.

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 ?
The caption for one plate in the catalogue matter-of-factly claims that photographer Frederick Hudson "probably incorrectly" identified the spirit of the daughter of a seventeenth-century buccaneer.
Therefore, present this material more matter-of-factly than you would if the storm had occurred later.
"Firebird really pushed me into working on adagio," says Bouder, who is matter-of-factly self-critical when her technical qualities are mentioned.
"No one can compete against China," says Juan Bautista Isola matter-of-factly. "When it comes to price, Chinese products are the cheapest because they can make every imaginable thing." This statement is echoed among the leaders of Peru's largest textile companies.
Literate, well-researched, and matter-of-factly introducing the reader into how the American government, among other entities, regards Native Americans in modern times, Indian Country is a welcome contribution to contemporary Native studies shelves and recommended reading for individuals of all backgrounds striving to better understand the Native American experience.
'It's just another project that has come to a successful conclusion,' said Wyman, matter-of-factly.
Matter-of-factly addressing the complex pressures on human life from birth to death, Sunbathing on the Bottom of the Atlantic draws attention to the impermanence of life itself and strips away illusions used to shield oneself from harsh truths.
The relief I felt at being cared for so respectfully and matter-of-factly is hard to describe.
Almost two-and-a-half years later, the Government has matter-of-factly said it cannot be fulfilled.
In a witty and unsettling parody of RCMP-speak as well as a transcendental version of the lexicon of the corporation, Milo's boss tells him matter-of-factly, "We always get our man, woman or child." As Milo demonstrates, and Ostry's film passionately and intelligently argues, it doesn't have to be that way.
Roozbeh Farahanipour, executive director of the Glorious Frontiers Party (marzeporgohar.org), notes matter-of-factly that such communications are dangerous, "because ff the regime finds out, you are probably going to be executed." But for the students and their supporters, that's a very big if.
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