FACTUAL PROPOSITION AND GRASP

OF LEGAL ASPECTS
A PROJECT REPORT SUBMITTED AS A PART OF THE CURRICULUM
OF B.COM LLB (HONS.) IN THE SUBJECT OF
RESEARCH METHODOLOGY

SUBMITTED TO: SUBMITTED BY:

Professor (Dr.) Gulshan Kumar Disha
UILS B. Com LLB (Hons.)
Panjab University 6th Semester
Chandigarh Section- F
Roll No.- 354/20

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 ACKNOWLEDGEMENT
I hereby acknowledge all those who helped me to draft this project directly and
indirectly. It would not have been possible for me to complete the task without
their help and guidance.

First of all I would like to thank our teacher Professor (Dr.) Gulshan Kumar
who gave me this golden opportunity to do this project on the topic “Factual
Proposition and Grasp of Legal Aspects”. He also conveyed important
instructions from time to time.

And last but not the least I am thankful to the Panjab University, Chandigarh
for offering this project report in our syllabus. I must mention my hearty
gratitude towards my family, other faculties and friends who supported me to go
ahead with the project.

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 CERTIFICATE
This is to certify that Disha, a student of B.Com LLB (Hons.) has successfully
completed the research on the RESEARCH METHODOLOGY project on the
topic “Factual Proposition And Grasp Of Legal Aspects” under the guidance
of Professor (Dr.) Gulshan Kumar during the academic session 2022 - 2023 as
per the guidelines issued by Panjab University, Chandigarh.

………………………………….

Professor (Dr.) Gulshan Kumar

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 TABLE OF CONTENTS

Serial No. Topic Page No.

1 Introduction 5

2 Definition 5

3 Types of Facts 7

4 Importance of Facts 8

5 Logical and Legal Relevancy of Facts 8

6 Framing of Arguments along with the 10

Knowledge of Legal Aspects

7 Need of Factual Proposition and Grasp of Legal 12

Aspects

8 Conclusion 15

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 INTRODUCTION
Facts are usually the information about the case given by the client to his
lawyer. The lawyers base their arguments on the facts given, in order to prevail
to win the cases in the court of law. The very first step to provide any legal
solution to any issue at hand involves the application of the law to the facts of
the particular case. Therefore, facts shouldn't be changed according to
individual needs. Facts help to subside reasonable doubt. Before a legal solution
to the particular problem can be found, or a determination made whether a
lawsuit should be filed, it is necessary to identify the facts of the case which are
critical to the outcome of the case.

DEFINITION
The Latin word "factum" is where the English word "fact" originates. It
originally had the same meaning as a thing done or performed when it was used
in the English language. However, the same is now outdated. "A fact" is
currently defined as "something which has occurred." The phrase first appeared
in the middle of the sixteenth century. In layman’s language, the fact stands for
“something which is real, tangible like an actual event” and in a lawsuit, a fact
is an information of the case concerning an event or a circumstance.

In legal field, the term “Fact” can be interpreted as follows:

➢ Fact is an element which is required in legal proceedings to demonstrate a
cause of action;
➢ Fact is the potential ground of reversible error forwarded on appeal in an
appellate court;
➢ The fact helps in the determinations of the finder of fact after evaluating
admissible evidence;

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 ➢ Any of the various matters subject to investigation to establish whether a
crime has been perpetrated or not, and to establish the culpability of the
accused.

Evidence is a relative concept signifying a relationship between two facts, the

fact in issue (factum probandum), or proposition to be established, and the
evidentiary fact (factum probans), or material supporting the proposition. The
former is necessarily hypothetical; the latter is brought forward as a reality for
the purpose of convincing the tribunal that the former is also a reality.

In India, the term fact has been described under Section 3 of the Indian
Evidence Act. “Fact” means and includes—
(1) any thing, state of things, or relation of things, capable of being perceived by
the senses;
(2) any mental condition of which any person is conscious.
Illustration
(a) That there are certain objects arranged in a certain order in a certain
place, is a fact.
(b) That a man heard or saw something, is a fact.
(c) That a man said certain words, is a fact.
(d) That a man has a certain reputation, is a fact.

“Facts in issue” –– The expression “facts in issue” means and includes ––

any fact from which, either by itself or in connection with other facts, the
existence, non-existence, nature or extent of any right, liability, or disability,
asserted or denied in any suit or proceeding, necessarily follows.
Explanation –– Whenever, under the provisions of the law for the time being in
force relating to Civil Procedure, any Court records an issue of fact, the fact to
be asserted or denied in the answer to such an issue is a fact in issue.

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“Evidentiary Fact” –– An evidentiary fact is a predicate fact that makes other
facts more probable (i.e., makes certain statements more or less likely to be
true). When viewed together at trial, evidentiary facts serve as a basis for
concluding whether the ultimate fact has been proven with the required degree
of certainty.

TYPES OF FACTS
1. Relevant Fact- The relevant fact is the fact which has a certain degree of
probative force. It means some connection may be traced either from the
cause to effect or vice versa. Any facts that relate to the cause or effect of
the alleged fact can be deemed to be relevant.
2. Irrelevant Fact- Irrelevant fact/ facts are those facts which are
coincidental to the event but don't have significant legal importance in the
case.
3. Physical Facts- Oral testimony is the most typical method of presenting
evidence in a courtroom. Oral Testimony occurs when a witness swears to
tell the truth or be subject to the penalty of perjury, and then relates his or
her experiences. The court may also accept other types of evidence, such
as objects from a crime scene, or a signed contract in a civil suit.
Concrete pieces of evidence like this are called Physical Evidence.
Physical facts include state of things or relation of things, anything
capable of being or perceived by the senses.
4. Some facts are proven with circumstantial evidence. Circumstantial
evidence is “evidence that may allow a judge or jury to deduce a certain
fact from other facts, which have been proven”. Fingerprints are a perfect
example of circumstantial evidence. “Circumstantial evidence” is
generally admissible in court unless the connection between the fact and
the inference is too weak to be of help in deciding the case. Many

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 convictions for various crimes have rested largely on circumstantial
evidence. All evidence is fact.
5. Psychological Fact- Psychological fact is any mental condition of which
a person is conscious.

IMPORTANCE OF FACTS
• Our Indian legal system resolves disputes by applying the rule of law to the
facts of the case. The issue at hand is the specific question raised by the specific
facts of one’s case. Therefore, the facts are important for the issue at hand.
• Facts are also important so as to determine which law can be applied to a case
or how law can be applied to a particular case in the presence or absence of
certain facts.
• Another reason for its importance is that the determination of whether the
court’s opinion is on point is largely governed by the similarity between the
facts of the client’s case and the facts of the court opinion.

LOGICAL AND LEGAL RELEVANCY

OF FACTS
The main issue in this regard is determining which facts are both legally
relevant and logical in nature. Although a fact may be logically relevant, there is
no guarantee that it will be legally admissible in court.
1. All evidence presented in a court of law must meet two conditions. And
those two important hurdles are that the evidence must be both logically
relevant and legally admissible at the same time.

2. The Ram Bihari Yadav v. State of Bihar is a landmark judgement which

explains the distinction between relevance and admissibility and the

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 concept of clearing the two hurdles. It states that relevancy is actually the
test of admissibility. The Apex Court stated that “in most cases, the two
words admissibility and relevancy are used interchangeably, but their
legal implication is very different because often relevant facts such as
communication between the spouses in wedlock are important but not
legally admissible.”

3. Needless to say, our basis for distinguishing between conclusions of law

and propositions of facts will be heavily influenced by our definition of
law. Of course, under any set of definitions, some things will fall more or
less easily on the side of law, some on the side of fact, and some
somewhere in the middle. However, the common law has not been guided
by any preconceived definitions. Such a classification was erroneously
made on the basis of procedure.

4. One thing is clear, that whatever definition of law we adopt, there is a

large and growing group of facts that tend to be dealt with as matters of
law after courts have had a large experience with them in the course of
which a uniform line of decisions on the facts has developed.

5. So there is nothing wrong with stating that the facts of the case are
essential for any outcome of the case. It not only aids in the
commencement of proceedings before a court of law, but also points in
the right direction for providing justice to the needy.

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 FRAMING OF ARGUMENTS ALONG
WITH THE KNOWLEDGE OF THE
LEGAL ASPECTS
"Framing" occurs at many levels of legal argument. As Professor Nesson
showed, good lawyers when describing the facts of cases often select narrative
frames that cast in favourable light the behaviour of their clients.

Lawyers are often similarly strategic in the ways in which they classify disputes.
A single set of facts (e.g., industrial activities on X's land produced dust, smoke,
and odours that drifted onto Y's land, causing annoyance and discomfort) can
frequently be fit into one of two doctrinal boxes (e.g., a nuisance or a trespass),
and the choice of box has significant implications (eg, as to the governing
standard of liability, statute of limitations, or measure of damages). Lawyers,
understandably, try to classify cases in ways that benefit their clients.

Framing provides the conceptual framework for decision-making. The choice of

concepts for framing an issue can have both psychological and legal
consequences. The way a case is framed can affect the persuasiveness of an
argument, and there are often several plausible ways of framing a legal issue. In
the end, it is the framing accepted by the judge or other decision-maker that will
be used in determining the result of the case. Framing that appeals to the
decision-maker's sense of justice or fairness will have a greater chance of being
chosen.

Framing legal issues has been described as a process of translation or

transformation of peoples' needs, interests, and disputes. These descriptions

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acknowledge the distinction between how individuals perceive their problems
and how the law frames and characterises them.

Lawyers play a major role in framing their clients' problems as legal issues, and
how they do this has been studied extensively. Researchers have found that
lawyers help to shape the client's "legal self" to fit the issues at hand. This can
entail persuading the client that their emotions should be ignored or suppressed
because they are irrelevant to the issues and obstruct rational problem-solving.

Arguments are what make the crux of the whole case. If you fail in making them
compelling and persuasive, you will not be able to convince the judge and that
will make you lose the case. You must possess in-depth knowledge on the
subject matter for framing an argument regarding your legal issue. You should
also be familiar with the laws that govern that particular case. You'll need tact,
knowledge, and the ability to see both sides of the issue to make a compelling
argument and convincing case in court.

1. Before framing arguments, you need to identify the legal issues. The
issues around which the subject matter of your case revolves are legal
issues.

2. Then, you need to apply the law to the facts of the case. Secondly, you
need to see what section of a particular legislation applies to your case.

3. For a clearer and better understanding, read the commentaries on that

section. There are other arguments with legal backing from various
precedents given by the Courts. Reading is crucial in this area of finding
arguments. You'll need to possess the specific skill set necessary to apply
your research to the case's facts if you want to come up with strong

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 arguments for your case. After that, you'll be able to present convincing
arguments.

4. Lastly, it depends upon you to structure the arguments in such a way that
the decision of the case is in your favour. Certain arguments are fact
related as there might be certain facts in the case that you can use to make
your argument sound more persuasive.

NEED OF FACTUAL PROPOSITION

AND GRASP OF LEGAL ASPECTS
1. Better Applicability of law and Identification of legal Issues
The aim of a case is not merely to present a legal dissertation to the judge, but to
explain what the result should be when the law is applied to the facts of a
particular case. Therefore, it is important to be aware of exactly what the facts
of your case are. Rechecking the facts often will be an important part of any
preparation, but to begin with, you will almost certainly be reading the facts to
identify the applicable law and the likely legal issues.

2. Factual Proposition serves as a Evidence

A factual proposition is evidence in the third sense only if it can serve as a
premise for drawing an inference (directly or indirectly) to a matter that is
material to the case (Circumstantial Evidence).
Illustration: The fact that the accused’s fingerprints were found in a room where
something was stolen is evidence in the present sense because it can be inferred
that he or she was present in the room even though there may be no
eyewitnesses to identify an alleged burglar at the scene, but his presence in the
room indicates towards his possible involvement in the theft.

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 3. For proper Adjudication of Cases
Judges make decisions by first determining their answer based on all of the
facts, and afterwards find the supporting legal principle. All legal minds need to
function in this manner, that is,by first taking into account the sum total of the
facts affecting a particular case. Therefore, courts wrestle not just with
interpretations of the law, but with the facts of the cases themselves. Another
reason for its significance is that the determination of whether the court's
opinion is on point is largely governed by the similarity between the facts of the
client's case and the facts of the court opinion.

4. Framing of Arguments and Presentation of Case

It is critical to have a firm grasp on the basics of legal concepts in order to build
valid and strong arguments to present in court. Without the presence of this tool,
mere allegations do not constitute a case before a judge in court.

5. For Proper Application of Judicial Mind

Our legal system seeks to provide justice to all concerned and this could not be
done in a mechanical way. It is a matter of prudence that no one law shall be
applied uniformly to all the cases. Because The facts of each case are special,
there can not be any strait jacket formula for application of law to the facts.
Here comes the role of the judicial mind. The Apex Court has repeatedly
emphasised on the importance of application of Judicial Mind to the facts of the
case, which is only feasible when the Judicial Officer at large has done a perusal
of facts and can read in between the facts of the case.

6. It is commonly assumed by most practising lawyers and Trial Judges that

Lawsuit are decided more often on their “Facts” than on the “Law”
It is now widely recognized that all general legal rules are bounded on one side
by numerous special exceptions, and on the other side by corollary rules

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compelling a contrary result. Whether a particular case shall be governed by
Rule A. by the exceptions to Rule A or by Rule Contra-A depends entirely upon
what the court or jury believes the "facts" to be; and a very slight difference in
the "facts" found by the tribunal may make a vast difference in the result of a
case.

7. To Differentiate Relevant Facts from Irrelevant Facts and Preventing

abuse of process of the court
It is imperative to comprehend all the facts in a given case and the relationship
between them, and how to put pertinent information into the forefront. while
downplaying the rest. Once the facts are sorted, only then do we need to
develop our arguments. It is of extreme importance that facts irrelevant to the
case must be side-lined and not argued upon to prevent the wastage of time of
Court and also to prevent the abuse of the process of the Court.

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 CONCLUSION
To conclude, there is nothing wrong in saying that the facts of the case are
imperative for any outcome of the case. It not only helps in commencing the
proceedings before the court of law but also leads to the right direction to
provide justice to the needy. Facts help in framing arguments which further help
to determine the flow of the case. Need for clarity of factual propositions and
grasp of legal aspects is growing more and more as law cannot be simply
applied to a case, all the facts need to be considered in detail. After the issue is
decided based on facts, a lawyer needs to apply his legal knowledge to stir the
case in his direction. In short, lawyers as well as judges need to be clear about
the actual facts of the case.

BIBLIOGRAPHY
● https://legodesk.com/legopedia/facts-of-the-case/
● https://blog.ipleaders.in/how-to-come-up-with-compelling-arguments-for-
your-clients-in-the-court/
● https://www.indiacode.nic.in/handle/123456789/2188?sam_handle=1234
56789/1362
● https://www.studocu.com/in/document/panjab-university/llb/manners-in-c
ourt/2800879

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