Brief Statement of Facts
From the beginning, we show the judge the applicant`s lack of integrity. But we never use that word; We let the facts speak for themselves. After removing all opinions from our facts, we must decide which facts we should include to tell the story. To do this, we need to know the difference between a fact and a relevant fact. Opinion gives the impression that we are posing and that we are dishonest. When we write our facts without an opinion, we tell the judge that it is the facts that matter most. After reading a sentence – without conclusive words – the judge is already leaning in our favor. These facts help a judge see that this was a scandalous act and make him think: if it was my employee, I would have fired him – which our client did. DiMarco`s lawyer might claim that she does not understand why our client diMarco had to resign, but the judge gets it from the first sentence. We let the facts speak for themselves. The presentation of the facts in a letter to a court does a specific job: we can consider it as a strategic staging or presentation of the facts in a way that addresses the legal issues of a case without arguing them openly.
As a rule, a judge briefly reads the presentation of the facts before reading the argument. A well-crafted presentation of facts that engages in secret persuasion can influence how arguments are evaluated. At best, a statement of facts has the attributes of a narrative, including a scenario based on a specific temporality, a series of events, a cast of characters, and a point of view. If skillfully designed, it will arouse interest and create dramatic tension. Unlike other accounts, however, a statement of facts in a letter is subject to parameters based on the elements of applicable law. The facts that you include in the statement of facts must be related to the factual criteria of the case law or the law that govern the legal issue. For example, in a case involving the doctrine of special relationship in offences where New York jurisprudence has identified four elements to meet their requirements (knowledge, taking up office, direct contact, trust), plaintiffs and defendants should include in the statement facts that tend to support or refute those elements. The purpose of the next two sentences is only to compare one number with another. Note the difference when we remove irrelevant facts: The first step in writing a compelling statement of facts for your mission or request is to create a timeline of events in the case. This will help you identify the crucial elements, such as who did what when with whom and how and why they did it. Once the timeline is complete, you can start writing a narrative – a story of the case that should be able to stand on its own. If the judge is just reading this section, he should be able to understand what it is.
A statement of facts is a legal document that provides unfounded factual information. These documents are used in a variety of legal environments, from calls to filing vehicle registration documents. Depending on the context, a statement may be created by a lawyer, or it may consist of a form with review options. Documents for things like registering a car, applying for health insurance, or enrolling in school often contain this type of information. The applicant is expected to check the appropriate boxes on the document and then sign it to indicate that the information is factually accurate. If the statement were later found to be false, the plaintiff could face legal consequences such as allegations of perjury. When creating our statement of facts, our first thought should be: Which of our facts is interesting, relevant, and favorable? And we start with this fact to tilt the judge in our favor, and then we follow with another sentence that tilts the judge further in our favor: The art of creating a written statement of facts is quite complex. Individuals who need to make written statements for a variety of reasons should consider consulting with a lawyer or someone with excellent native language skills to ensure that the statement is well organized. In the case of a topic that involves checking boxes or filling in different fields, the topic is much less complicated, although an awareness of the possible legal consequences of lying is a good thing to keep in mind. For the sake of your credibility, you should keep the factual statement free of arguments.
Try not to draw obviously biased conclusions and do not write excessively using adjectives and adverbs such as insightful or interesting. But remember that you are telling the story from a certain point of view and you want the judge to be on your side at the end. Writing a good presentation of the facts is an exercise in gentle persuasion. Don`t leave out relevant bad facts, just put them in context. The key is which facts should be defined “in high relief,” which should be left in “low relief,” and which should be completely omitted, as Bryan Garner explains in Making Your Case: In the Statement of Facts, for example, there is an interaction between law and facts. The presentation of the facts must be written taking into account what is argued in the argument; There should be a correspondence of facts in both, although the language, level of detail and tone are different. With these parameters in mind, consider possible approaches to developing a narrative that you`ve encountered in other contexts. Stories can focus on characters, events, and locations.
Narratives can unfold in chronological order of events, through flashbacks, or through any other moment in time that is neither at the beginning nor at the end of the sequence of events than “what happened”. Stories may be told from the perspective of a particular person, including the narrator or another person, or a narrative may change perspective as the narrative progresses. The facts indicate problems; Irrelevant facts also indicate problems. This confuses the judge and could draw the judge`s attention to non-existent issues that we do not want him to take into account. If a fact does not help solve our problems, it is irrelevant and should not appear in our facts. If we want a judge to look favorably at us and our case, we must distinguish between facts and opinions and omit all opinions: even simple words like hot and cold. Opinions are selfish and make judges suspicious, ready to double the burden on us. But many lawyers write such sentences in their factual assertions: a statement of fact tells the judge our story; But it serves two other important purposes: Imagine reading the following as the opening sentence of a letter: Can someone create a document and call it a “statement of fact” for anything that indicates the factuality of a particular thing, and ask both parties to sign it and keep it for records? Or is it only functional for lawyers and certain documents such as DMV forms or similar? @stare31 – No, there is no standard form, since the factual statement really depends on the case. In a statement of facts in a letter, the need to present a compelling and consistent action or an action that addresses legally significant facts will limit some of the options that are otherwise available to storytellers. The narrative should “flow” (for example, it would be risky here to experiment with postmodern approaches that break deadlines or juxtapose perspectives – this won`t confirm your client`s case if you confuse or confuse the reader!). The reader should be able to have a clear idea of “what happened,” although choosing where to start the narrative (i.e., what is the beginning of the story) can be crucial to achieving a convincing effect. As always, you`ll need to think strategically when deciding where to “start.” It`s also important to tell in a way that incorporates your customer`s point of view (and avoids highlighting the opposing party`s point of view or experience).
Typically, presenting a story from your customer`s perspective means that your customer or their representative becomes the subject or agent of the action – the center of attention and action. The presentation of facts is not the only written factual narrative that lawyers produce in a legal dispute. The complaint is also a source of facts and, in some cases, as in a motion for dismissal, it is the only source available to the parties because their assertions are considered true. The complaint performs legal and rhetorical functions that differ from the functioning of a presentation of the facts.