Legal Terms: Elements = Legally Significant Facts

Every cause of action or defense is made up of elements. For a plaintiff to prove a prima facie case, each element represents one fact that, combined, establishes liability. Likewise, for a defendant to successfully assert an affirmative defense, each element represents a fact that must be proven.

Here’s where roles matter. Judges decide which legal rules govern a dispute, and the elements of the cause of action or defense parties must prove to win. Juries decide whether enough facts have been demonstrated to satisfy those elements. That’s why juries are called the “finders of fact".

1. Direct Evidence

This is the straightforward stuff: witness testimony, documents, photos, videos. Direct evidence checks boxes on the element-fact list.

2. Legal Tests (Presumptions)

Sometimes you can’t prove a fact directly because the information just isn’t available. Consider the elements (facts) in a simple battery case:

• Intentional
• Harmful or offensive
• Bodily contact

A plaintiff may be able to present facts showing “contact” and “harm” through direct evidence such as a doctor’s testimony or photos of bruising. But proving “intent” is harder. Rarely will the defendant shout, “I intend to hit you in the nose!”

SEE ALSO: Examples and Explanations Study Guides for 1L topics 

In these situations, courts must use legal tests that create a presumption that the fact exists. For example, a plaintiff may establish intent by showing that the defendant “knew with substantial certainty their actions would cause contact.” Satisfying that test is enough to create a presumption that the intent element is met. 

Simply put, a presumption lets the jury assume a fact is true once you’ve satisfied a legal test. But presumptions are not dispositive; like any element (or fact), presumptions can be rebutted by the opposing party with contrary direct evidence or even a competing legal test.

This mindset simplifies doctrine. Instead of memorizing abstract elements, you’ll build checklists of legally significant facts. It also sharpens your case reading. When opinions list elements, you’ll automatically translate them into facts required to establish liability. Most importantly, it prepares you for exams, where professors love to test with complex fact patterns. 

Train yourself to think in facts, not legal jargon. That mindset is what turns abstract legal rules into something more manageable and applicable. 

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