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Turn back to Figure 7.16, above, and consider the meaning of the symbols using the explanations given in Figure 7.27, above. 7.11 THE DEMONSTRATION OF THE WIGMORE CHART METHOD: THE FICTIONAL CASE OF R v MARY To give students the experience of walking through the method to develop their understanding of how a legal argument is put together, a reasonably simple criminal law scenario has been created. However, the facts of the case are not laid out. They are to be found located in three statements made by two witnesses connected to the situation, and the statement of the defendant. From these statements the first task is to assemble the relevant facts, note the evidence available, note the elements of relevant law, identify any conditions of doubt at the factual level and construct a chart and key list for use by the prosecution. Having constructed the Wigmore Chart, the factual analysis takes place which clears the ground for the legal analysis. This gives a demonstration at a simplified level of the relationship between factual and legal analysis and the need for both to construct arguments. At the academic level of legal education the problem is a given, it does not mean there is no value in an appreciation of fact analysis. On the contrary it can be used to assist us to see more clearly the issues to be teased out when engaged in the legal analysis. 7.11.1 The case of R v Mary Mary has been charged with theft under s 1 of the Theft Act 1968.
DOI link for Turn back to Figure 7.16, above, and consider the meaning of the symbols using the explanations given in Figure 7.27, above. 7.11 THE DEMONSTRATION OF THE WIGMORE CHART METHOD: THE FICTIONAL CASE OF R v MARY To give students the experience of walking through the method to develop their understanding of how a legal argument is put together, a reasonably simple criminal law scenario has been created. However, the facts of the case are not laid out. They are to be found located in three statements made by two witnesses connected to the situation, and the statement of the defendant. From these statements the first task is to assemble the relevant facts, note the evidence available, note the elements of relevant law, identify any conditions of doubt at the factual level and construct a chart and key list for use by the prosecution. Having constructed the Wigmore Chart, the factual analysis takes place which clears the ground for the legal analysis. This gives a demonstration at a simplified level of the relationship between factual and legal analysis and the need for both to construct arguments. At the academic level of legal education the problem is a given, it does not mean there is no value in an appreciation of fact analysis. On the contrary it can be used to assist us to see more clearly the issues to be teased out when engaged in the legal analysis. 7.11.1 The case of R v Mary Mary has been charged with theft under s 1 of the Theft Act 1968.
Turn back to Figure 7.16, above, and consider the meaning of the symbols using the explanations given in Figure 7.27, above. 7.11 THE DEMONSTRATION OF THE WIGMORE CHART METHOD: THE FICTIONAL CASE OF R v MARY To give students the experience of walking through the method to develop their understanding of how a legal argument is put together, a reasonably simple criminal law scenario has been created. However, the facts of the case are not laid out. They are to be found located in three statements made by two witnesses connected to the situation, and the statement of the defendant. From these statements the first task is to assemble the relevant facts, note the evidence available, note the elements of relevant law, identify any conditions of doubt at the factual level and construct a chart and key list for use by the prosecution. Having constructed the Wigmore Chart, the factual analysis takes place which clears the ground for the legal analysis. This gives a demonstration at a simplified level of the relationship between factual and legal analysis and the need for both to construct arguments. At the academic level of legal education the problem is a given, it does not mean there is no value in an appreciation of fact analysis. On the contrary it can be used to assist us to see more clearly the issues to be teased out when engaged in the legal analysis. 7.11.1 The case of R v Mary Mary has been charged with theft under s 1 of the Theft Act 1968.
ABSTRACT
To give students the experience of walking through the method to develop their understanding of how a legal argument is put together, a reasonably simple criminal law scenario has been created. However, the facts of the case are not laid out. They are to be found located in three statements made by two witnesses connected to the situation, and the statement of the defendant. From these statements the first task is to assemble the relevant facts, note the evidence available, note the elements of relevant law, identify any conditions of doubt at the factual level and construct a chart and key list for use by the prosecution.
