each of the elements. We often describe this by saying that the fact “satisfies”
the element or that the element “applies” to the facts.
For convenience, facts that fit within elements are labelled in a corresponding
way to elements themselves. Thus Fact X is the label given to a fact that falls
within the category of facts delineated by Element X. So, Facts 1-n
correspond with Elements 1-n. This means that we can describe the
application of facts in a collective way by
saying that Elements 1-n apply to
Facts 1-n, or that Facts 1-n satisfy Elements 1-n.
Consequences
When a legal rule applies to a set of facts it brings consequences to the parties
involved. For convenience these are labelled Consequences. Consequences
are whatever the rule specifies. In tort law, for example, the standard
consequence consists of damages that the defendant pays to a successful
plaintiff. There are also some special remedies such as restitution and
injunction, which are used for special circumstances. In criminal law the
remedy consists of punishment, where the standard forms are a fine or
imprisonment. There are variations on imprisonment such as a weekend
detention, community service, suspended sentence, probation and parole.
Conditional Statement
A legal rule needs to be framed as a conditional statement. Or to put this more
precisely, in a legal rule Elements and Consequences are joined by or within a
conditional statement. It takes the following form: “When Elements 1-n are
satisfied by
the right facts, Consequences apply”.
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On our labelling system
the “right facts” for convenience are labelled Facts 1-n. Consequently the
conditional statement can be framed in this way: “When Elements 1-n are
satisfied by Facts 1-n, Consequences apply”.
It is a matter of necessity that a legal rule is constructed as a conditional
statement. Subject to minor exceptions the formal purpose of a legal rule is to
bring legal effects when certain types of facts occur. Elements depict the type
of facts. Consequences define the legal effects. Then the conditional statement
provides that when the facts depicted by the elements occur, the
consequences delineated in the rule apply.
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It is the command component of a
legal rule.
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Chapter 3 Analysing Legal Rules
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While lawyers are familiar with the notion that a cause of action, be it criminal
or civil, can be divided into elements and consequences, the importance of this concept
has not been fully emphasised. Nor have its analytical foundations and potential uses
been fully developed.
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