Determining this in
litigation is a matter of proof of facts from evidence,
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based on observation,
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induction
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deduction
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and deeming provisions.
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In a
transaction, however, the relevant facts are created by processes.
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Second, as the premise specifically requires, Facts 1-n must fit or fall within
the categories designated by Elements 1-n. How this happens rests on the
nature of an element. An element delineates a category of facts. Thus, in
abstract form, Fact X is the label given to a fact that satisfies Element X. Fact
X
will satisfy Element X when it falls within the class of facts that Element X
delineates.
Whether a fact falls within the class of facts delineated by an element in many
cases is determined by simple inspection. It will be obvious to the naked eye
that the fact does or does not fit within the category. The quick test for
whether a fact does fall within a designated category is by labels. Element X
delineates a category of facts which bear the label X. If a fact can
unquestionably bear this label, it fits within the category.
While in most cases this is clear, in some cases it is not so clear. In these
cases it cannot be unquestionably and unhesitatingly said that the fact fits the
category. This occurs because there is some doubt about the scope of the
label applied to the facts delineated by the element. Questions of this kind
involve legal interpretation of the element.
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However, once this particular
element in the legal rule has been interpreted, the doubt is resolved. It should
then be clear that the fact does or does not satisfy the element.
Conclusion
The conclusion of this syllogism is represented by the second column. The
conclusion takes the form: “Facts 1-n cause Consequences”.
Illustration
To illustrate the syllogism, we will use the tort of trespass to land. This
provides that a defendant commits trespass when they intentionally interfere
with land in possession of the plaintiff without the plaintiff's permission and in
the absence of a defence. When these elements are satisfied, the defendant is
liable to damages, and possibly liable to be injuncted to refrain from future
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Chapter 31 Model for Using Law
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Chapter 26 Observing Facts
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Chapters 13-15
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Chapter s13-15
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Chapter 9 Probability
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Chapter 29 Model for Organising Law
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Chapters 30 Model for Forming Law
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