Fact Pattern
A fact pattern or fact situation is a summary of the key facts of a particular legal case, presented without any associated discussion of their legal consequences. For example, at common law, "Murder is the killing of another human being with malice aforethought and without justification or excuse." The elements of the crime are killing (actus reus) and malice aforethought i.e. intentional action (mens rea). Possible defenses include legal justification (e.g. self-defense) or excuse (e.g. no ''mens rea'' due to legal insanity). The fact pattern from a homicide case might be: : "The defendant returned home at night and discovered an armed burglar within the home, and then killed the burglar." The fact pattern can be analyzed to determine whether the elements of the crime exist and, if so, what defenses may be available to the defendant, such as in this case, the right to self defense and the lack of a duty to retreat in one's own home ("castle doctrine A castle doctrine, also ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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