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
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 omniprese ...
, "
Murder is the killing of another human being with
malice aforethought
Malice aforethought is the "premeditation" or "predetermination" (with malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few. Insofar as the term is still in use, ...
and without
justification
Justification may refer to:
* Justification (epistemology), a property of beliefs that a person has good reasons for holding
* Justification (jurisprudence), defence in a prosecution for a criminal offenses
* Justification (theology), God's act of ...
or
excuse
In jurisprudence, an excuse is a defense to criminal charges that is distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse).Criminal Law Cases and Materials, 7th ed. 2012 ...
." The elements of the crime are killing (
actus reus
(), sometimes called the external element or the objective element of a crime, is the Law Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the ("guilty mind"), produces criminal liability in t ...
) 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
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of forc ...
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, a vehicle or home) as a place in which that person has protections and ...
").
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