Written by attorneys · grounded in primary & secondary sources — see below
A legal proceeding or case before a court or other tribunal.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Foreclosure Proceeding Parties
Maria Morales holds the note on property owned by Mohan Malhotra. When Mohan defaults, Maria files a foreclosure action. The court requires that Mohan and any junior lienholders receive notice as necessary parties to the matter. Failure to join them risks invalidating the sale and leaving junior interests intact.
Electoral College Dispute
Miranda Morales serves as an elector appointed by her state legislature. A challenge arises over whether certain ballots may be counted in the presidential election matter. The constitutional process requires the House to resolve any tie among the top candidates by state vote.
Maurice Marshall faces trial on a criminal charge. The court takes judicial notice of a geographic fact. The judge must instruct the jury that it may accept or reject the noticed fact as conclusive in the matter.
Judge Public Statement
Mason McCarthy, a sitting judge, receives a request for comment on a pending criminal prosecution. He declines because any statement could reasonably affect the outcome or impair fairness in the matter.
Confidential Government Information
Matthew Martinez formerly worked as a government investigator. He later seeks to represent a private client adverse to a person whose confidential records he obtained during public service. The rule bars the representation in that matter because the information could disadvantage the person.
Agent Fiduciary Duty
Momentum Capital appoints Miranda Morales as its agent to negotiate a lease. While acting within the scope of that authority, Miranda owes fiduciary duties to the principal on all matters entrusted to her.
Common questions
Frequently Asked
3
Does 'matter' include both pending and impending proceedings under judicial conduct rules?+
Yes. The rule prohibits statements that might affect the outcome or impair fairness of a matter pending or impending in any court.
When does a lawyer's prior government service bar representation in a matter?+
A lawyer may not represent a private client adverse to a person when the lawyer possesses confidential government information about that person acquired during public employment and the information could be used to the person's material disadvantage in the matter.
What duties does an agent owe regarding matters within the agency?+
An agent is a fiduciary with respect to matters within the scope of the agency and must act accordingly toward the principal.
5 U.S. (1 Cranch) 137 (1803)Property
…by the President relative to correspondences, commissions, instructions, negotiations with public ministers, memorials and other matters respecting foreign affairs as the President should assign. Respecting the powers given and duties imposed by this act, no mandamus will lie because the Secretary is responsible only to the…