Litigators often forget that judges are people like them, not just legal computers that only deal with data and facts. Judges value a good story as much as the next person. The presentation of the facts of a procedural document is just as important as legal reasoning and should not be neglected. This section of the briefing should be used to create a coherent and relatable narrative that others would find compelling and understandable. Such a coherent and relevant presentation provides a roadmap for how the Court should interpret each fact presented and makes it more convenient for a court to rule on the merits when it sees that the facts support your version of relevant events. You can access our free, easy-to-use legal fact templates today. With these templates, you can create a proper legal statement of facts while saving time. It is prepared in various legal cases, mainly concerning legal principles. It is intended to introduce the main parties to the legal issue.
With a statement of facts, you have the most important document in a court briefing. On the other hand, telling a compelling story — through short oral argument or even a carefully planned witness hearing — allows you to focus more on the plot and characters in your story, both of which are essential to any effective narrative. A tightly structured story with a beginning, middle, and end follows a pattern familiar to almost any listener, and will therefore be easier to follow, understand, and ultimately accept as the most likely story. Equally important are your characters, with your client representing the protagonist of the story. Consider how well you draw each of these characters for your audience. Keep in mind that presenting the other side as a two-dimensional villain of a note usually doesn`t make for a compelling or believable story. (There are exceptions to every rule, and Harry and Marv, the thieves of Home Alone, may be an exception to this one.) Your legal narrative should be airtight and contain only facts that you can easily document. This is not the place to insert inflammatory language, opinion, or emotion. For example, instead of saying, « Mr. Cooley fired Ms.
Smith mercilessly and maliciously because of his own sexism, » you say, « Mr. Cooley specifically told Ms. Smith that he was firing her because of her gender. You don`t know the opinions or biases of the person who will read your story, so relying on guesswork can be a risky strategy. Instead, stick to the facts of the case and only the facts relevant to your legal argument. Different spelling teachers offer different tips on how to start writing the body of a briefing or point title. However, it can never hurt to tell the court what you want to do or what you want to prove in a particular section of your first or two sentences before you begin a lengthy recitation of the relevant laws or laws. A recitation of the law without explicit connection to what the court is supposed to « see » in that recitation tends to cause the reader to detach or rush through the section to reach the actual « point » of your argument in a later paragraph or page. Obviously, this is not an advantageous condition. Presentation of facts is about providing facts about the case, not drawing legal conclusions. It is for the court to draw legal conclusions.
You just need to state and highlight all the facts relevant to the case. The court determines which law should be applied in the evaluation of the case and what type of judgment should be rendered in relation to the case. A legal statement of facts is usually a document written to highlight all of a client`s key legal issues. The presentation of facts is not the only written factual account that supporters produce in a litigation case. The complaint is also a source of facts and, in some cases, such as a motion to dismiss, is the only source available to the parties because their allegations are considered true. The complaint performs legal and rhetorical functions that differ from the operation of a statement of facts. The legal function of the complaint is paramount: it alleges facts that are necessary to state all the elements of a legal claim. It is therefore written from the leader`s point of view and knowledge base. Second, the complaint may have a persuasive or narrative function – if framed in more detail.
As a script, it is a legal genre in its own right. Its form has legal significance: the facts must be set out in separately numbered paragraphs; Each paragraph should deal with an idea that can be admitted or rejected in a plea; The language must be clear and precise.