A Model for Litigation

This model for litigation is based on several propositions:

1. Legal Rules. Every legal rule that creates a cause of action possesses two major components. It consists of elements and consequences.
2. Elements. The elements of a legal rule define the types of fact to which a rule applies. Each element is a category of fact. When a fact in a case falls within that category it ‘satisfies’ the element. These facts are labelled material facts.
3. Proof of Material Facts. In a disputed case a plaintiff needs to prove any material fact that the defendant does not admit.
4. Establishing a Case. When all elements are satisfied the plaintiff has established their case because the legal rule then applies to the facts of their case.
5. Consequences. When a plaintiff has established a case the court makes an order that the consequences provided by the legal rule apply to the parties. For example in a case based on a tort a court will award a plaintiff damages to compensate for their loss. 

These propositions underlie the model for litigation. The basis of the model is the relationship between elements, facts and evidence. Each element describes a category of fact. An element applies to a set of facts when the set includes a fact of the kind that the element describes. When all the elements apply to the facts (or are satisfied by the facts) the rule applies. When the rule applies to the facts it brings consequences to the parties. 

This model is based on a simple and naturally occurring set of relationships. For this reason it is ideal for performing an array of tasks related to litigation. These include:

• explaining litigation to law students
• taking a statement of facts from a witness
• describing an issue of fact
• describing an issue of law
• pleading a case
• organising a case for trial
• writing a judgment for a case involving a dispute of facts