Chapter 9

Question 1

fact

Answer 1

information present in a case concerning a particular thing, action, event, or circumstance.

Question 2

rule of law

Answer 2

a standard established by a governing authority that prescribes or directs action, prohibits action, or penalizes inaction.

Question 3

issue

Answer 3

the precise question raised by the specific facts of the client’s case.

Question 4

Irrelevant Facts

Answer 4

Facts coincidental to the event but not of significant legal importance in the case.

Question 5

Background Facts

Answer 5

Facts presented in a court opinion, case brief, or legal memorandum that put the key facts in context; facts that give an overview of a factual event and provide the reader with the overall context within which the facts occurred.

Question 6

Key Facts

Answer 6

The legally significant facts of a case that raise the legal question of how or whether the law governing the dispute applies; the facts that establish or satisfy the elements of a cause of action and are necessary to prove or disprove a claim; a fact so essential that, if it were changed, the outcome of the case would be affected or changed.

Question 7

Key Facts are also referred to as:

Answer 7

relevant, material, or ultimate facts.

Question 8

individual key fact

Answer 8

meets the following test: If the fact is changed, the outcome of the case will be affected or changed.

Question 9

Steps to identify key facts

Answer 9

STEP 1 Identify each cause of action possibly raised by the facts.

STEP 2 Determine the elements of each cause of action identified in step 1.

STEP 3 List all the facts possibly related to the elements of the causes of action identified in step 2.

STEP 4 Determine which of the client’s facts apply to establish or satisfy the elements of each cause of action—the key facts.