Case Analysis #1 - the Seven Elements Technique

What they didn't teach you in law school

Occam’s Razor lies at the heart of Advocacy Club’s case analysis technique. The simplest explanation is most likely the correct one. The ‘razor’ is the tool used to pare away unnecessary elements. William of Ockham (c. AD 1300) had it right.

When you receive a set of facts, separate the essential ones from the rest. The test is simply this: Is there still a case without this fact? In Goldilocks vs. Three Bears, does it matter to liability if the protagonist is a girl or boy? If there are three bears or four?

When you eliminate the unnecessary facts, you can narrow the key facts of a case into several (maybe seven), but not many. Like Five-and-Out, we use the number seven as a guideline, not a rule.

Therefore, the first step in the Seven Elements Technique is to state the key facts neutrally and succinctly. This step leads to the Neutral Theory of the Case. It is essential to stay as neutral and free of spin as humanly possible. We can and will add the spin in later steps.

As crucial as neutrality is the absence of controversy. If you can, try to rely on facts you can prove easily or, better yet, all sides admit. You will be surprised by how few facts are in dispute in most cases.

Like any story, the elements start with parties and a setting. Which party you choose may depend on the case you want to state. Again, consider Goldilocks.

1.     Goldilocks was a child walking alone in the forest.

Consider the tests. Is it essential? Is it neutral? Is it uncontroversial? Well, so far, so good.

2.     Goldilocks came upon a house owned by the Three Bears.

3.     Goldilocks entered the house, which was unoccupied.

4.     Goldilocks fell asleep on a bed in the house.

Consider what we have omitted. Who cares about the porridge, the chairs and how many beds? None relate to liability.

5.     The Bears return home.

6.     The Bears make Goldilocks leave the house.

7.     Goldilocks claims that she suffered PTSD from the incident.

About #7, there must be an allegation of damage to sustain a tort claim, right?

Review your work for quality assurance to ensure that each element passes the tests. Then add them up to confirm they express a case to be made or met (depending on the parties).

If you want more detail and exercises, consider Case Analysis - the Critical Path to Persuasion, available from Irwin Law here.

Exercise: prepare the Neutral Seven Elements for Donoghue v. Stevenson.

Apply Case Analysis to a case in your own practice or, if in law school, to a court case you are studying. You can condense any case into a succinct package of necessary elements.

If you want more detail and exercises, consider Case Analysis - the Critical Path to Persuasion, available from Irwin Law here.