The answer is that the material facts will define the legal issue(s) in dispute. The material facts will be compared and contrasted to similar case law with similar facts and their respective outcomes in order to argue the desired outcome in the case at hand. The particular material facts of the case at hand may or may not fall closely to material facts found in the case law. Controlling case law with similar or identical material facts and its particular outcome generally predicts the outcome of the case at hand.
Answered on Oct 07th, 2012 at 10:20 AM