What is the difference between a plaintiff and defendant in a case that is considered to be a matter of law and fact?

4. To the extent that a case may fall under both prongs of the statute, see Tran v. Lindsey, 212 F.3d 1143, 1149-50 (9th Cir. May 16, 2000), we note that this case does not present such a situation. We further recognize that the distinction between the two prongs does not turn on classification of the question as one of law or as a mixed question of law and fact. See id. at 1149-50.

4. To the extent that a case may fall under both prongs of the statute, see Tran v. Lindsey, 212 F.3d 1143, 1149-50 (9th Cir. May 16, 2000), we note that this case does not present such a situation. We further recognize that the distinction between the two prongs does not turn on classification of the question as one of law or as a mixed question of law and fact. See id. at 1149-50.