injuncted. This is a true statement of the legal rule. In the simple case used here
as an example no issues of interpretation arise.
Minor Premise
In applying law to facts, the minor premise has two requirements:
(1)
Truth of Facts. One requirement is implicit – the facts are true.
(2)
Facts fit Elements. One requirement is explicit –
the facts fit the
elements.
Facts Fit Elements
The explicit requirement for the minor premise is that the facts fit the elements.
That is, Facts 1-n fall within the categories designated by Elements 1-n. This
statement will be true when Fact 1 falls within the category designated by
Element 1, Fact 2 within the category designated by Element 2, and so on,
finishing with Fact n falling within the category designated by Element n.
In our example, the facts fit within the categories of facts designated by the
tort of trespass because each fact is a specific instance of one of the
categories of facts in the elements of the legal rule (which of course is part of
the major premise). This is shown by the following table:
Facts
Law: Trespass to Land
Fact 1
Element 1 Land
There is a field called Whiteacre.
Element 1 is satisfied because a field such as
Whiteacre is land.
Fact 2
Element 2 Possession
Jill owns and uses Whiteacre.
Element 2 is satisfied because Jill possesses
land when she owns and uses it.
Fact 3
Element 3 Interference
Jacks walks onto the field and picks an
apple from the apple tree.
Element 3 is satisfied because walking onto land
constitutes interference.
Fact 4
Element 4 Intention
Shortly before doing walking onto the field
and picking the apple from the apple tree
Jack had said to a neighbour; ‘I am going
to fix Jill and show her what I can do.’
Elements 4 appears satisfied because this
pronouncement of Jack’s strongly suggests that
the interference with Jill’s land was intentional.
Fact 5
Element 5 Permission
Jill has not said or done anything to indicate
that Jack could walk on her land.
Element 5 is satisfied because Jill has not given
Jack permission to walk onto her land.
Fact 6
Element 6 Defences
There are no facts on which Jack could
base a defence.
There is no defence in law available to Jack.
Figure 5.12 Application of Law to Facts
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