Some facts are proven by circumstantial evidence. Circumstantial evidence is “evidence that may allow a judge or jury to infer a particular fact from other facts that have been proven.” [3] A lawyer may support an eyewitness report with evidence of the circumstances of the situation that helps the judge or jury logically infer or reasonably derive facts that cannot be directly proven. Fingerprints are a perfect example of circumstantial evidence. There may not be an eyewitness placing an alleged burglar at the scene, but if the accused`s fingerprints were found at the scene, it can be concluded that he or she was there. [4] “Circumstantial evidence is generally admissible in court, unless the connection between fact and conclusion is too weak to be useful in deciding the case. Many convictions for various crimes are largely based on circumstantial evidence. [5] In conclusion, I would like to say that there is nothing wrong with saying that the facts of the case are essential to any outcome of the case. This not only helps to initiate the proceedings before the courts, but also leads in the right direction to bring justice to those who need it. Facts are usually the information about the case that the client gives to their lawyer. Lawyers base their arguments on the given facts to win cases in court.
The very first step in finding a legal solution to any problem is to apply the law to the facts of each case. Before a legal solution to the particular problem can be found or a decision can be made as to whether a lawsuit should be brought, it is necessary to identify the facts of the case that are decisive for the outcome of the case. In a statement of facts in a letter, the need to present a compelling and consistent action or an action that addresses legally significant facts will limit some of the options that are otherwise available to storytellers. The narrative should “flow” (for example.B. it would be risky here to experiment with postmodern approaches that break deadlines or juxtapose perspectives – this will not confirm the case of your client if you confuse or disorient the reader!). The reader should be able to have a clear idea of “what happened,” although choosing where to start the narrative (i.e., what is the beginning of the story) can be crucial to achieving a convincing effect. As always, you`ll need to think strategically when deciding where to “start.” It`s also important to tell in a way that incorporates your customer`s point of view (and avoids highlighting the opposing party`s point of view or experience). Typically, presenting a story from your customer`s perspective means that your customer or their representative becomes the subject or agent of the action – the center of attention and action. Legal facts are the information on which lawyers base their arguments to win cases in court. The purpose of the evidence presented during a trial is to prove the facts that support the argument.
Evidence is the key to convincing the judge or jury that your facts are the right ones on which to base a final decision. It is up to each party in a case to prove, to the satisfaction of the court and by presenting evidence, the facts necessary to support his or her case. [1] Thus, there is an interaction between law and facts in the presentation of facts. The presentation of the facts must be written taking into account what is argued in the argument; There should be a correspondence of facts in both, although the language, level of detail and tone are different. With these parameters in mind, consider possible approaches to developing a narrative that you`ve encountered in other contexts. Stories can focus on characters, events, and locations. Narratives can unfold in chronological order of events, through flashbacks, or through any other moment in time that is neither at the beginning nor at the end of the sequence of events that form “what happened.” Stories may be told from the perspective of a particular person, including the narrator or another person, or a narrative may change perspective as the narrative progresses. The presentation of facts is not the only written factual narrative that lawyers produce in a legal dispute. The complaint is also a source of facts and, in some cases, as in a motion for dismissal, it is the only source available to the parties because their assertions are considered true. The complaint performs legal and rhetorical functions that differ from the functioning of a presentation of the facts. The legal function of the complaint is paramount: it asserts facts necessary to expose all the elements of a claim in court.
Thus, it is written from the perspective and knowledge base of advocacy. Secondarily, the complaint may have a compelling or narrative function – if it is formulated in more detail. As a writer, it is a legal genre in its own right. Its form has legal significance: the facts must be set out in separately numbered paragraphs; Each paragraph should deal with an idea that can be accepted or rejected in a response brief; The wording must be clear and concise. The complaint may not be a clever narrative in the narrative, but at least it claims to tell a legal story – its facts meet all the prescribed requirements for a cause of action. If the complaint is specific enough, it can also convey a factual account — what happened and with whom — and usually this presentation of the facts will be in chronological order. • The relevant fact is the fact that has a certain degree of probative value. This means that a compound can be traced from cause to effect or effect to cause. It can be said that all the facts that exist in terms of cause and effect are relevant to the alleged fact. • Irrelevant facts/facts are facts that are random with the event, but in the case have no significant legal significance. • Physical facts include the state of things or the relationship of things, anything that can be or be perceived by the senses.
• Psychological fact is any mental state of which a person is aware. The presentation of the facts in a letter to a court does a specific job: we can consider it as a strategic staging or presentation of the facts in a way that addresses the legal issues of a case without arguing them openly. As a rule, a judge briefly reads the presentation of the facts before reading the argument. A well-crafted presentation of facts that engages in secret persuasion can influence how arguments are evaluated. At best, a statement of facts has the attributes of a narrative, including a scenario based on a specific temporality, a series of events, a cast of characters, and a point of view. If skillfully designed, it will arouse interest and create dramatic tension. Unlike other accounts, however, a statement of facts in a letter is subject to parameters based on the elements of applicable law. The facts that you include in the statement of facts must be related to the factual criteria of the case law or the law that govern the legal issue. For example, in a case involving the doctrine of special relationship in offences where New York jurisprudence has identified four elements to meet their requirements (knowledge, taking up office, direct contact, trust), plaintiffs and defendants should include in the statement facts that tend to support or refute those elements. The word “fact” is derived from the Latin word “factum”. It was first used in the English language with the same meaning, which is something that is done or executed.
But the same is obsolete now. The word “done” now means “something that happened.” The meaning dates back to the middle of the 16th century. In layman`s language, the fact represents “something real, tangible as a real event” and in a legal dispute, a fact is information in the case concerning an event or circumstance. In most common law jurisdictions, the concept of fact and its analysis reflect the fundamental principles of case law. It is also supported by various established standards. In common law jurisprudence, facts have many formal definitions, including: • Fact is a required element in legal proceedings to establish a plea; • The fact is the potential reason for a reversible error that is conveyed in the appeal to a court of appeal; • Fact helps determine the fact seeker after evaluating admissible evidence; and • Each of the different matters that are investigated to determine whether or not a crime has been committed and to establish the guilt of the accused. .