FACTS AND ISSUE FACT FACT in ISSUE ISSUE - Judiciary

1 FACTS AND ISSUE . fact . 1. Something that actually exists; an aspect of reality - it is a fact that all people are mortal;. 2. An actual or alleged event or circumstance, as distinguished from its legal effect, consequence, or interpretation;. A fact is any act or condition of things, assumed (for the moment) as happening or existing.. fact in ISSUE . 1. A fact that the plaintiff alleges and that the defendant controverts;. 2. A fact to be determined by a fact -trier (judge); Also written fact -in- Also termed principle fact .

2 A fact -in- ISSUE is a fact as to the correctness of which the tribunal, under the law of the case, must be persuaded; the term probandum' (thing to be proved) will here be used as the convenient single word.. ISSUE . 1. A point in dispute between two or more parties. In civil procedure, an ISSUE is a single, certain and material point arising out of the allegations and contentions of the parties; it is matter affirmed on one side, and denied on the other, and when a fact is alleged in the complaint and denied in the answer, the matter is then put in ISSUE between the parties.

3 FACTS MEAN and INCLUDE: (1) Anything, state of things, or relation of things, capable of being perceived by the senses; refers to external FACTS which can be perceived by the 5 senses. (2) Any mental condition of which any person is conscious; refers internal FACTS which are the subjects of consciousness. FACTS are either PHYSICAL or PSYCHOLOGICAL. Illustrations: (a) That there are certain objects arranged in a certain order in a certain place, is a fact . (b) That a man heard or saw something is a fact .

4 (c) That a man said certain words is a fact . (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact . (e) That a man has a certain reputation is a fact . 1. MATTER OF fact ' is anything which is the subject of testimony. MATTER OF LAW' is the general law of the land, of which the courts will take judicial cognizance. Methodology for Legal Analysis - FIRAC.

5 Thinking like a Lawyer and Applying statutory law to a fact pattern . A. Sections of an FIRAC (an acronym for a five step analytical process). F State the FACTS of the case Case refers to an actual, potential, or hypothetical dispute which raises a question of whether one or more laws were violated. A lawsuit is an example of a case. The beginnings of material or key FACTS may be unearthed by the question what extra FACTS might be relevant to the final outcome of this problem/dispute ? The sources of key FACTS could be events, dates, people, documents and statutes.

6 It may be based on the queries W5H - What? When? Where? Why? Who? How? The FACTS of the case describe what happened to cause the dispute. The FACTS may describe behavior, who or what engaged in that behavior, the reasons for the behavior, when and where the behavior occurred, why or the circumstances at the time the behavior occurred, who or what was affected, how they were affected, and so on. In a case there will be events, issues, a cast of characters, but the key to every case is its FACTS cases are built on FACTS .

7 All law suits arise as a result of disputes involving FACTS . The legal system revolves around resolving disputes through the application of rules of law to the FACTS of a case. Therefore, the two major components of the dispute resolution process are the applicable law and the FACTS of the dispute. Some FACTS are more important than others, and the most important FACTS are the key FACTS those FACTS upon which the outcome of the case depends. Key FACTS are those FACTS necessary to prove or disprove a claim.

8 A key fact is so essential that if it were changed, the outcome of the case would be different - key FACTS are an element of a legal ISSUE . A material or key fact may be described as a fact which is of vital importance to a line of deductive reasoning in order to solve a problem or to give helpful advice on a range of options in response to a particular ISSUE or social problem. Pinpoint the determinative FACTS of the case, those that make a difference in the outcome. Your goal here is to be able to tell the story of the case without missing any pertinent information but also not including to many extraneous FACTS either.

9 There are three categories of FACTS : Clearly material or key FACTS : Dorji pulled the trigger of the gun ; the net profit of the firm decreased by 40% ;. 2. Clearly immaterial or irrelevant FACTS : Dema has freckles ; Pema once traveled to Phuentsholing ;. Background FACTS FACTS which may be material once additional rules, principles, FACTS and issues are identified: Dema has freckles ; Pema once traveled to Phuentsholing . I State the ISSUE (law question). Lawsuits are brought because one person believes another has violated some law.

10 Thus, the primary issues a court has to answer is whether a named defendant is guilty of or liable for violating a specific law. Did Sonam Tshering violate sections 11, 50 and 51 of the Tobacco Control Act, 2008 ? And Is Dorji liable for negligence ? Are examples of law issues as opposed to element ISSUE a question about the meaning of a particular word or phrase used in a law? The ISSUE sets up the problem. What happens in the remaining steps depends upon the law ISSUE identified in this step. Change the ISSUE and everything that follows also changes.