APPLYING RULE TO FACTS
CHARACTERISTICS OF A
STRONG APPLICATION OF
RULE TO FACTS
©2013 UMKC School of Law
Lawyering Skills I
Components of a strong application of
rule to facts
fact
Critical
language
why
Strong
application
Read the following examples of application
of rule to facts
Even though you do not know anything
about the facts, which application works
the best? Why?
Rule for Intent
The element of intent is satisfied if the actor desires to cause
consequences of his act, or he believes that the consequences are
substantially certain to result from it.
Application 1
He fired blindly through a store window covered with paper into a mall with
fifty people. He was not substantially certain to hit one.
Application 2
Firing into a mall with only fifty people in it is not substantially certain to
result in one of the people being hit by a bullet. Therefore, Simms
demonstrated no intent to cause a harmful physical contact with Winston.
Application 3
Because only fifty people were in the mall, Simms was not
substantially certain to strike one of them by shooting blindly
across one stretch of the mall. Nothing suggests that
customers were congregating outside the store or that, even
had they been doing so, Simms would have known they were
there. As a result, his odds of hitting another person when
his view was blocked would be based upon the likelihood
that, of all the spaces fifty individuals could occupy in four
blocks of mall, one individual happened to occupy that single
space that would put her in his random line of fire.
Which one is best?
Why?
Applying Rule to Fact
Not So Good
Application 1
He fired blindly through a store window covered with
paper into a mall with fifty people. He was not
substantially certain to hit one.
•The first sentence does not connect the fact to the rule.
•The statement of facts would have already informed the
reader what happened.
•The sentence is essentially wasted words.
•Why was he not substantially certain to hit one?
•The reader is forced to fill in the blank.
•Can you count on the reader to get it right?
Applying Rule to Fact
Better
Application 2
Firing into a mall with only fifty people in it is not substantially
certain to result in one of the people being hit by a bullet.
Therefore, Simms demonstrated no intent to cause a harmful
physical contact with Winston.
•The first sentence ties the facts more directly to the language
of the rule, but still leaves the reader to infer why that fact
satisfies that language.
•The second sentence explicitly ties the fact to the larger
concept rather than forcing the reader to make the connection.
Applying Rule to Fact
Strong
Application 3
Because only fifty people were in the mall, Simms was not
substantially certain to strike one of them by shooting blindly
across one stretch of the mall. Nothing suggests that
customers were congregating outside the store or that, even
had they been doing so, Simms would have known they were
there. As a result, his odds of hitting another person when
his view was blocked would be based upon the likelihood
that, of all the spaces fifty individuals could occupy in four
blocks of mall, one individual happened to occupy that single
space that would put her in his random line of fire.
What Makes it Strong?
• The focus of each sentence containing a fact is what that fact means.
• how it should be interpreted
• how it does or does not satisfy a portion of the rule
• what specific language from the rule the fact does or does not satisfy
• why, precisely, the fact does or does not satisfy the rule
• A fact never exists in a stand-alone sentence that merely states the
existence of the fact.
• The explanation of that fact’s meaning utilizes other facts where
appropriate to support that interpretation.
• The explanation of what the fact means is connected to the application of
the rule to other relevant facts.
Components of a strong application
of law to fact
Specific fact
Critical language from the rule
Why the fact does or does not satisfy that
language
fact
Critical
language
why
Strong
application
EXERCISE: APPLYING RULE
TO FACTS
Using the “fact + critical language + why” approach,
choose facts for each part of the rule provided below and
create a short application for each of those facts.
Choose at least two facts that support that the school
was entitled to restrict the speech on each part of the
rule.
Choose at least two facts that support that the school
was not entitled to restrict the speech on each part of the
rule.
Bring your applications to workshop and be prepared to
share them.
FACTS
Ms. Juarez has been the journalism teacher
at Sam Houston High School in Carrizo
Springs, Texas, for five years.
She is young and attractive – the boys
comment on her looks frequently among
themselves – and is generally well-liked by
her students.
Julie Fenton, however, is furious with Ms.
Juarez because Ms. Juarez removed Julie
from the school newspaper staff due to
Julie’s plagiarizing an article from the
Internet.
FACTS (cont.)
Julie created a webpage with some very
derogatory material and showed it to some of
her friends when they were at her house.
Eventually, word got out, and students at
school began to access it.
Students were viewing it during classes,
during lunch, and at home.
Messages about it – some approving, some
disapproving – were flying all over Twitter
and Facebook and instant messaging.
When the principal discovered the page, he
expelled Julie for the rest of the semester.
FACTS (cont.)
Ms. Juarez is a second-generation
Mexican American whose parents became
U.S. citizens before she was born.
Sam Houston High School has a large
Hispanic population, and discussions
about illegal immigration have been
heated.
There have been some shouting matches,
and even a couple of fights between some
Hispanic and Anglo students.
JULIE’S WEBSITE ABOUT
MS. JAUREZ
THE SLUT JUAREZ PAGE
Website for a Bitch
a)
Ms. Juarez
(no makeup)
THE COMPLAINT CORNER
ADD YOUR COMMENT
•The bitch is incompetent!
•That’s okay. Two good shags ‘ll get
you an “A.”
•I hear she and “J. S.” are a regular
thing. No wonder he gets such good
grades .
•Does she really get high? I could
enjoy her that way.
•Can’t you tell in class? She has to
be stoned.
b)
c)
d)
The SLUT’s Bio
Graduate of Mexican
High
B.S. in B.S. from
Wetback U.
Alien Status: Illegal
Employment History
a) Drug runner
b) Cocaine dealer
c) Migrant worker
d) El Paso hooker
“Drop by after class and
relax.”
“Mmmmm. Call me
soon, boys.”
Push
for
Juarez’s address and
directions. Football
team only, please.
How she sees herself
“I just love my boys.”
Rule
Schools may punish student speech,
including speech off-campus, that is:
– Disruptive
OR
– Offensive.
Disruptive Speech
Speech that can reasonably be anticipated to materially
and substantially interfere with the requirements of
appropriate discipline in the operation of the school
Offensive Speech
Vulgar, lewd, indecent, or plainly offensive
speech.
fact
Critical
language
why
Strong
application