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• Learning Modules
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• Introduction
  
  
• 1.1 Evaluating the Legal Problem
  
  
• 1.2 Factual Analysis
  
  
• 1.3 Issue Determination
  
  
• 1.4 Learning to Re-Evaluate the Legal Problem
  
  
• 1.5 Locating the Law
  
  
• 1.6 How to analyze and communicate what you have learned
  
  
• Review and Conclusion
  
  

Factual Analysis: Get to Know the Facts!

Legal research starts with really knowing the facts!

A factual analysis isolates the relevant facts and helps to expose the legal question and issue(s). This skill takes practice!

The PEC (Parties, Events, Claims) method of factual analysis is a helpful starting point.

Parties

• Who are the people involved in the dispute?
• What are all the existing relationships between the parties?
  • Are any of the parties in a contractual relationship?
  • Are there family relationships?
  • Does one party employ or supervise another?
  • Does any party have a legal duty towards another party?
  • Is any level of government involved?
  • Is this a civil or criminal issue?
• What personal characteristics such as age, occupation, marital status, and employment status are known?

Events

• What events gave rise to the dispute?
• To begin, ask yourself questions like:
  • What happened?
  • Where and when did each event occur?
  • Who was present?
  • Do the events follow a sequence?
• Organize the events in chronological order.
• Organize related events under separate headings.
• What are the different versions of the events?
  • Parties will often give different accounts of what happened.  Keep track of which facts are being reported by which parties.
• What is the legal history of this claim?
  • Is this an appeal from a tribunal, arbitration, or lower court?

Claims

• What claims are the parties making?
• Are they seeking compensation for:
  • Lost profits?
  • Physical injury?
  • Property damage?
• Are they seeking an injunction?
• Is a government agency seeking a fine or penalty?
• Are they seeking reinstatement?
• Is a jail sentence involved?
• How has each party characterized their claim?
  • Are the parties characterizing this as a breach of contract, a tort, or an issue involving property?
• How will the claim likely be defended against?

These are only examples of the questions you should be asking yourself at the factual analysis stage.

For more information on factual analysis, consult Chapter 2 of Legal Problem Solving: Reasoning, Research and Writing.

Maureen F Fitzgerald, Legal Problem Solving: Reasoning, Research and Writing, 7th ed (Markham: LexisNexis Canada, 2013) c 2.