Case Analysis and Burden of Proof Flashcards
What is Case Analysis?
Investigation of legal issues to determine what must be proved or disproved
What does case analysis help with at the outset?
Inform client’s decision to bring or defend a claim, inform case strategy, estimate and budget costs, and should be updated throughout
What are the elements of cause of action?
- Duty 2. Breach of duty 3. Causation 4. Loss
What is the duty in cause of action?
Establish if D owed C a duty, including contractual or tortious duty
What is breach of duty?
Determine if there was a breach of contract or tort, it is a question of fact based on evidence
What is causation in case analysis?
Determine if the breach caused the claimant a loss
What is considered under loss?
Foreseeability (Remoteness) and Amount of Loss
What should be considered about the parties in case analysis?
Identify parties, consider who the claim is against, and whether there are other liable parties
What is limitation in case analysis?
Consider any limitation issues that may prevent a claim
Who is the burden of proof on?
Party asserting a fact must prove it
What is the standard of proof in civil litigation?
On the balance of probabilities (more likely than not)
What are formal admissions?
Admissions in statements of case or in response to notice to admit facts
What is res ipsa loquitur?
E.g. Res ipsa loquitur – the facts speak for themselves
What are inferences of fact?
Common sense conclusions drawn from primary facts
