As this illustration demonstrates, when an element is divided into subelements,
each subelement needs to be satisfied by facts. Thus, Facts 2.1-2.n satisfy
Elements 2.1-2.n. Similarly, each of these facts is proved by evidence so that
Facts 2.1-2.n are proved by Evidence 2.1-2.n.
Consequences
Apart from elements, the first column of the model also shows the legal
consequences that follow when each element is satisfied by the facts in a case.
Consequences, as has been stated, are the remedies that the court provides to
a successful plaintiff.
Consequences are also divided into elements. Elements of consequences are
represented in the model by Consequences 1-n. Consequences need elements
for two reasons. First, there may be more than one remedy. For example, a
successful plaintiff in trespass may obtain both damages and an injunction.
Second, any particular remedy can be divided into parts. An example is the
remedy of damages, because there are various heads of damage, each of
which becomes an element. Each head of damage is calculated as a lump sum
of money. All the heads of damages taken together become the total amount of
damages, which constitute the full Consequences.
Facts
To be successful, a party must satisfy each element of the cause of action. But
how do parties satisfy these
elements? By facts, as indicated by the arrow
between the third and first columns. Each element of a law states a category of
facts, and requires that there be a fact in this category to satisfy the element.
Parties, therefore, satisfy Element 1-n by establishing the appropriate facts.
These are conveniently labelled Fact 1, Fact 2, and Fact n respectively, so that
Fact 1 satisfies Element 1, Fact 2 satisfies Element 2 and Fact n
satisfies
Element n. Collectively, the facts can be designated as Facts 1-n. In summary,
then, Elements 1-n are satisfied by Facts 1-n. When this happens it can also be
said that the rule applies to the facts since Elements 1-n apply to Facts 1-n.
Clearly there are other facts in the case besides Facts 1-n. These may play
some ancillary role in a contested case in proving Facts 1-n but they are
otherwise legally irrelevant. Facts 1-n, by contrast, are the core of the initiating
party’s case. A party’s success will rise or fall according to their ability to
prove these facts. For this reason lawyers refer to Facts 1-n as material facts,
relevant facts or essential facts.
There are also facts for consequences. Consequences 1-n are satisfied by Con
Facts 1-n.
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