Facts
Introduction
There are three tasks with facts:
(1)
Assume that the facts are proved.
(2)
Organise the facts.
(3)
Resolve any problems with the facts.
Assume Facts are Proved
Answering a problem question does not generally involve discussing proof of
facts. In consequence, there is a basic rule about facts in a problem question:
for the purpose of the question assume
that
the
facts
are
true
and
proved.
Because the facts are taken to be proved, the exercise involves only applying
law to facts and resolving any questions of interpretation which arise in the
process. This nostrum, of course, applies subject to any instruction to the
contrary by the lecturer.
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Well founded as this rule is, many students (especially those new to law) still
often wish to dispute the facts. The types
of facts they most often wish to
dispute are facts which are peculiarly within the knowledge of one party,
especially where those facts are favourable to that party's case. Additionally,
students often baulk at admitting that conversations are provable. It may allay
some misgivings about treating these facts as true and proved if some of the
basic rules of evidence are explained.
With a number of exceptions, the general approach of the rules of evidence is
that a party
may give evidence of anything they saw or of any conversation
they heard. This includes things which they did themself, and conversations to
which they were
a party. Subject to some exceptions, evidence by a party of
his or her dealings and conversations is admissible if it is relevant to facts in
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Writing about proving facts is not
easily done in the classroom since the
process of investigating evidence to prove facts involves a search, often a
prolonged search, for evidence. Of course it is possible to ask students to
comment on the types of evidence that they would seek and the places where they
might look. However past this point the exercise has to take place in real life
because the inquiry that now follows is determined by the nature and direction of
the evidence that is uncovered in this first wave of investigation. That said, it can
still be illuminating and stimulating to discuss these matters briefly with
students. Discussion can be enlivened by reference to current cases being tried or
recently tried as reported in the newspapers, or famous cases of the past written
up in the literature or the media. While this does not constitute a comprehensive
training in the search for evidence it starts the process and should stimulate some
interest.
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