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LSDefine

Simple English definitions for legal terms

special matter

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A quick definition of special matter:

Special Matter: This is a term used in legal cases. It means something that is not ordinary or usual and needs to be proven with special evidence. It is a subject that is being disputed or argued in court. It can also refer to new information that is brought up during a case.

A more thorough explanation:

Definition: Special matter is a term used in common-law pleading to refer to out-of-the-ordinary evidence that a defendant is allowed to enter, after notice to the plaintiff, under a plea of the general issue. In simpler terms, it refers to evidence that is not typically allowed in court but can be used by the defendant to defend themselves.

  • A defendant in a personal injury case may use special matter to argue that the plaintiff was actually responsible for their own injuries.
  • In a breach of contract case, a defendant may use special matter to argue that the plaintiff did not fulfill their own obligations under the contract.

These examples illustrate how special matter can be used by a defendant to introduce evidence that may not be admissible under normal circumstances. It allows them to present a defense that may not have been possible otherwise.

special malice | special meaning

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