Uses of the Model
Introduction
The model for litigation explains the overall task of litigation so it is a guide to
the overall process. Since it performs this function, it can also be deployed in
the classroom, in the courtroom, in the office and in chambers (of a judge or
lawyer) for many of the specific task involved in litigation. These two types of
uses for the model will now be explained.
Overall Guide
Most fundamentally, the model illustrates the overall picture of how litigation
functions. For the plaintiff to win they must prove facts constituting or
satisfying each element of the cause of action. In the version of the model
above a plaintiff must prove Facts 1-n to satisfy Elements 1-n. A plaintiff
seeks to prove Facts 1-n by Evidence 1-n. Therefore, a defendant wins on the
facts by rebutting the plaintiff’s proof of at least one of the facts necessary to
satisfy the elements of her case. This can be done, as explained below, by
disputing law or facts, or both.
Because the model explains the overall task it can be a fairly comprehensive
and constant guide to litigation. It can help in most aspects because it
structures and therefore directs the task. For example, it provides a lawyer
with a list of the elements of the cause of action. This indicates the type of
facts that must be established to prove the case because the elements
are
generalisations of these facts. It also alerts the lawyer to the need to present
evidence to prove the facts that will satisfy each element.
Obviously the model is a mechanism for organising a case by providing a
framework that arranges information in an amenable form. This can be
illustrated with
a hypothetical case involving a plaintiff Stuart Little
and a
defendant Mary Grand.
Interview with Lawyer
Stuart Little has a grievance. He visits his lawyer and describes his grievance in
the following way.
I live at 12 Big Street, Smallville. Mary Grand lives two houses up the street from me in
number 16. She has always been envious of my garden. On Wednesday, 5 April Mary’s envy
finally got the better of her. At 12.00 hours (high noon) she entered my garden in the front
yard, walked across my prize lawn in her hobnailed boots and took a lemon from the lemon
tree, leaving by the front gate. I have never given her permission to do this. I have obtained a
valuation of my loss from Grassy Green who runs a nursery. The lemon would be worth $3. It
will cost $38 to repair my lawn -
with those boots it is no wonder Mary cannot tap dance.
[Stuart writes an occasional column on the performing arts for the local newspaper, the
Smallville Examiner.]
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