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.


Matter of Law.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
But most of all, I remember the square, matter-of-factness of knowing that God let her die and that it was His call.
What makes this novel remarkable is the honesty and matter-of-factness of John's voice.
As his nemesis Iago, it is the matter-of-factness of Michael Gould's performance that makes him so chilling, the intricate plotting spun out of an almost nondescript exterior which might plausibly deflect suspicion.
Beyond their intact matter-of-factness, humor, and inventiveness, they simply redefine the form once again.
The language retains the plain-spoken matter-of-factness that most Simic poems feature, and the poem emphasizes the softly surreal imagery that has always made him such an original.
The Chechen motif grew especially strong and was presented with a blend of casual matter-of-factness and grotesque humor.
Easily distinguishable, it fitted well into a cultural framework that extended from the morality and meaningfulness of Buckminster Fuller at one corner, the matter-of-factness of 'knock-down' and 'do-it-yourself' at the other, and came from the same world as the bright-eyed kid with a box of 'Meccano' or the determined young man with his legs sticking out of some machine assuring us that it would perform/fly/sing/inflate/take to the road or whatever ...
Nasal belt is often used for the heightened projection it provides and can convey matter-of-factness and conviction.
Says Novak with severe matter-of-factness, "I am not a person who is easy for a lot of people to like."
They do what they do with the matter-of-factness of a teacher writing 2+2=4 on a blackboard or a plumber repairing a sink.
I harbored no such professional obligations, however, and remained fascinated by the theater's everyday realities--the costume fittings, understudy rehearsals and union rules that were discussed with delightful matter-of-factness over the dinner table.
The matter-of-factness of these stories is what makes them (oftentimes simultaneously) radical, hilarious, poignant, a little dirty (as my mom would say) and soothing.