Chapter 18
Model for Litigation
Introduction
Description of the Model
Uses of the Model
Introduction
The model for using law, which has been discussed in the preceding chapter,
encompasses both litigation and transactions. This chapter separates out and
describes the model for litigation. Then it describes uses of the model.
Description of the Model
The model for litigation structures litigation by identifying and utilising the
relationship between the three constituents -
law, facts and evidence.
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This
model for litigation can be best explained by reference to a table that portrays
litigation based on a cause of action contained in a legal rule that consists of
Elements 1-n. While it would be sufficient to portray the model using just
Element 1 and Element n, the table also includes Element 2 to give a better
sense that a cause of action is constituted by a list of elements.
Since the operation of the model was explained in the discussion of the model
for using law a mention of the main points will suffice.
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Elements 1-n are the
elements of the cause of action on which the litigation is based. They are
satisfied by the appropriate facts, labelled Facts 1-n. Facts 1-n are proved by
Evidence 1-n. When Elements 1-n are satisfied, various consequences follow,
labelled Consequences 1-n. Here now is the table:
Law
Facts
Evidence
Element 1
Fact 1
Evidence 1
Element 2
Fact 2
Evidence 2
Element n
Fact n
Evidence n
Consequences
Consequence 1
Con Fact 1
Con Evidence 1
Consequence 2
Con Fact 2
Con Evidence 2
Consequence n
Con Fact n
Con Evidence n
Figure 18.1 Model for Litigation
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The functions of, and relationship between, law, facts and evidence are
explained in Chapter 17 Model for Using Law.
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Chapter 17 Model for Using Law
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