Matter of Law

• Author: Jeffrey Lehman, Shirelle Phelps

Page 463

That which is determined or ascertained through the use of statutes, rules, court decisions, and interpretations of legal principles.

In legal actions the term matter of law is used to define a particular area that is the responsibility of the court. Matter of law is distinguished from matter of fact. All questions concerning the determination of fact are for the jury, though a judge may determine the facts if a jury trial is waived or is not permitted under the law.

The designation of matters of law to the judge and matters of fact to the jury did not develop...