matter of law


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Synonyms for matter of law

a disputed legal contention that is generally left for a judge to decide

References in periodicals archive ?
vii) that, as a matter of law, a party is not entitled to absolute or qualified immunity in a civil rights claim arising under federal law;
Zlita's challenge to the Supreme Court's denial of that branch of his motion pursuant to CPLR 4404(a) which was to set aside the jury verdict and for judgment as a matter of law is also without merit, as there was a valid line of reasoning and permissible inferences which could lead rational people to the conclusion reached by the jury on the basis of the evidence presented at trial (see Cohen v Hallmark Cards, 45 NY2d 493, 499).
2d 442, 446 (1984), "while waiver may be inferred from the acceptance of rent in some circumstances, it may not be inferred, and certainly not as a matter of law, to frustrate the reasonable expectations of the parties embodied in a lease when they have the agreed otherwise.
Thus, section 61 uses the word to mean "included as a matter of law.
No trial is necessary to detain Hamdi, insisted the administration in its August 5th motion, since the Mobbs declaration "is sufficient to dispose of this case as a matter of law.
District Court in San Jose found that One Stop's acts constituted trademark infringement and in a precedent-setting published opinion, the Court held that One Stop also committed copyright infringement as a matter of law.
as a matter of law, the Diocese, considered as the priest's employer, cannot be liable for the employee's every deed, especially behaviour so patently at odds with his sacerdotal duties.
Upon reviewing Harrison Radiator's suggestion plan, the 6th Circuit ruled that as a matter of law, Muncy had no right to recovery.
Notwithstanding this language, the Wickline court held that, as a matter of law, the State and its Medi-Cal reviewer/consultantwere not liable.
In the opinion, the Court found that the decision of the Atmel board to cancel the special meeting of stockholders was improper as a matter of law and directed Atmel to hold the special meeting that was properly called by George Perlegos as the then Chairman of the Board.
The court noted that while the existence of a duty is regarded as a matter of law, summary judgment based on application of law to particular facts is rarely suitable.
The debate centered on whether the employer's deduction is the value of the transferred property includible in gross income as a matter of law, or only the amount actually included in his gross income.
Stern also reaffirmed his desire for a minimum age limit and said the Maurice Clarett case would not affect the NBA because ``the Clarett decision was wrongly decided as a matter of law and will likely be reversed on appeal.
While Law Bulletin sued LRP for engaging in alleged 'deceptive acts' such acts were dismissed as a matter of law and never ruled upon factually by either a jury or judge.
However, it did not find, as a matter of law, that the payments had to be valued as an annuity using the code tables.