diagram, the minor premise is represented by the arrow between the first
column (Elements 1-n) and the third column (Facts 1-n). The columns are
linked by a horizontal arrow to portray the Facts 1-n in Column 3 falling within
the categories delineated by Elements 1-n in Column 1 and thus satisfying
Elements 1-n.
The third column displays the conclusion. Since the rule applies to Facts 1-n
the Consequences designated by the rule apply to those facts.
The third
column lists Facts 1-n. Beneath these is located an arrow leading to the row
containing ‘‘Consequences.’’ This is how the diagram portrays the conclusion
to the syllogism, namely that Facts 1-n cause Consequences.
Model for Using Law
As has been stated, law possesses this natural structure –
elements,
consequences and conditional statement -
because law is made to be used.
This is the structure that law has to have if it is to be used in litigation and
transactions. Law students and lawyers can observe this truth when they view
the model for using law in litigation and transactions. This model is discussed
in a later chapter
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but there now follows a preview to indicate the role that
micro analysis of a legal rule plays in the task of using law:
Law
Facts
Evidence/Process
Element 1
Fact 1
Evidence 1/Process 1
Element 2
Fact 2
Evidence 2/Process 2
Element n
Fact n
Evidence n/Process n
Consequences
Figure 3.14 Model for Using Law
This is how the model works:
(1)
Column 1 consists of the legal rule that constitutes (i) the particular
cause of action in litigation or (ii) the operative law for the particular
transaction. This legal rule, of course, is set out as Elements 1-n and
Consequences.
(2)
Column 3 contains the facts, Facts 1-n, that fit within the rule.
(3)
Column 2 contains an arrow at the head, indicating that the Facts 1-n fit
within Elements 1-n of the rule.
(4)
Column 5 contains the two means of establishing facts. It contains
Evidence 1-n for litigation and Processes 1-n for a transaction.
(5)
Column 4 contains an arrow at the head. This indicates two things. (i) In
litigation, Evidence 1-n proves or might prove Facts 1-n. (ii) In a transaction,
Processes 1-n create Facts 1-n.
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Chapters 17 Model for Using Law
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