as a matter of law
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English
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Prepositional phrase
- (law) Legally; according to the law.
- 1839, The Law Journal reports for the year 1839[1], page 316:
- The advantages are altogether undefined and uncertain, and cannot, as a matter of law, be set off against the positive injury arising to a man from his character being defamed.
- 1848, The Law Journal reports for the year 1848[2], page 38:
- It is not necessary for the barrister to give his reasons, but if we saw enough on the face of the document to shew that the statement was not reasonably sufficient, we should say as a matter of law that his decision was wrong.
- 1892, John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, The American and English Encyclopedia of Law[3], volume 19, page 58:
- When, however, from the evidence, there is a presumption of law, the neglect of the judge to tell the jury that, as a matter of law, certain facts being proved, they must assume certain other facts to be true, or their refusal to do so is ground for a new trial as a matter of right.
- 1909, The Lawyers' Reports Annotated[4], Book 22, p. 524:
- We reaffirm our opinion that the evidence in this case did not conclusively show that the acts and conduct of appellant at the time were of such nature and character as would, as a matter of law, make him guilty of provoking a difficulty, so as to cut off wholly his right of self-defense.
- 2015, Stephen N. Subrin, Margaret Y.K. Woo, Litigating in America: Civil Procedure in Context[5], page 175:
- ...the plaintiff's lawyer and the defendant's lawyer can each stand up and move for judgment as a matter of law in their favor.