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
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, "
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
is the killing of another human being with
malice aforethought
Malice aforethought is the "premeditation" or "predetermination" (with malice (law), malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravation (law), aggravated murder in a few. Insof ...
and without
justification or
excuse
In American jurisprudence, an excuse is a defense to criminal charges that is a distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse).Criminal Law Cases and Materials, ...
." The elements of the crime are killing (
actus reus
In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is some ...
) and malice aforethought i.e. intentional action (
mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...
). Possible defenses include legal justification (e.g. self-defense) or excuse (e.g. no ''
mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...
'' 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 law, the duty to retreat, or requirement of safe retreat,''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> is a legal requirement in some jurisdictions ...
in one's own home ("
castle doctrine
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, an automobile or a home) as a place in which that person has protection ...
").
Fact patterns are an important element of law school examinations, with students expected to identify the relevant facts from the scenario presented, then summarize and synthesize the law as implicated by the fact pattern.
References
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Legal concepts