Matter Of Fact, Matter Of Law, Matter Of Record

MATTER OF FACT - Matter which goes in denial of a declaration, and not in avoidance of it.

MATTER OF LAW - That which goes in avoidance of a declaration or other pleading, on the ground that the law does not authorize them. It does not deny the matter or fact contained in such pleading, but admitting them avoids them. Matter of law, is that which is referred to the decision of the court; matter of fact that which is submitted to the jury.

MATTER OF RECORD - Those facts which may be proved by the production of a record. It differs from matter in deed, which consists of facts which may be proved by specialty.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.