on his face? Had Derek Blackguard been saying that he would get Mary
White?
Second, if the court does decide that the facts given in observational evidence
are true, the party can submit that
these facts establish other facts by
induction. If Fact A is true, it creates an inference based on induction that Fact
B is true. In our example, Mary White can make a submission to the effect that
the facts based on observation establish by inference that Derek Blackguard
obtained the apple by taking it from the apple tree which was in Mary White’s
meadow known as Whiteacre.
Third, the party has to put reasons why the court can establish facts by
induction from the facts based on observation. These reasons explain how a
court can justifiably conclude that Fact B is true because Fact A is true. In the
example, there are two plausible explanations as to how Derek Blackguard
obtained the apple - he obtained the apple by picking it from the apple tree in
Mary’s meadow Whiteacre or he obtained the apple from some other source.
There are two arguments favouring the possibility that Derek took the apple
from Mary’s tree although they are not absolutely conclusive. (i) Derek’s
saying that he would “get” Mary indicated that he had an intention of doing
something harmful to Mary. (ii) A plausible explanation for Derek Blackguard
having a satisfied look on his face as he walked along the lane eating an apple
is that he had finally done something to “get” Mary.
Thus induction proves facts based on common patterns of behaviour. To
emphasise this structure, a party makes a submission that that does three
things.
(1)
It seeks to prove the facts on which the induction is based. Evidence A
proves Fact A.
(2)
It depicts the facts that the party seeks to prove by induction. Fact B
might be true because Fact A is true.
(3)
It articulates to the court how it justifies the induction for proof of the
inferred facts from the observed facts based on causation or patterns of
behaviour. A party gives reasons to the court as to why it can conclude that
Fact B is true because Fact A is true.
Levels of Facts
Version of facts can be conceived at three levels:
(1)
Facts can be specific facts, that is facts about a specific thing, event,
incident or detail. We refer to these as specific versions of the facts. We also
refer to them just as specific facts.
(2)
Facts can refer to a complete or overall version of the facts. This
version covers all of the facts which make out a party’s case.
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