Is there one element that is more important than another element in all cases?

Question

This can apply to any area of law.

Andrew Capelli · Answer

Yes: Winning the case.

Gerald Bagazinski · Answer

The Law.

Ronald A. Steinberg · Answer

Yes, the stupidity of the victim compared to the stupidity of the wrongdoer.  Every injury case has 2 major parts: fault and damages.  Example:  Since no one can touch you without permission (you have to sign a form to allow your doctor to treat you), if I touch you with a feather without your permission, I have "assaulted" you.  But, unless you are highly allergic to feathers and have a terrible reaction, you will never find a lawyer to represent you because there were no damages.  Fault involves the stupidity of the wrongdoer (forgetting to tack down the carpet inside your front door to protect me from tripping when I enter), compared to the stupidity of the victim (I hold my hands over my eyes when I walk into your house to which I have never been before and so am unaware if there are any dangers).

Michael J. Breczinski · Answer

Intent would be more important. Most crimes can't be accidentally committed.

Dorothy Bunce · Answer

The most important element in any legal case is jurisdiction, which is the first theory taught in law school, which is the ability of the court to act.

William Wilson · Answer

Having good facts helps.

Paul Whitfield · Answer

Yes. Credibility is the key to all cases, followed closely by sincerity. A lot of people come across as whiney, complainy and argumentative and angry. Jurors don't like them. judges don't like them and they wonder why they lose. Jury must first of all like you and believe you before they will reward you. you can have a great case in law but if you come across to the jury as an angry jerk you may well lose.

Daniel P. Mitchell · Answer

Yes.  That element is the truthfulness and believability of the party or parties offering testimony.

Mark Leonardo · Answer

That's somewhat of a vague question, but on the civil side (since you asked the question in the personal injury forum), all civil cases have two components:  (1) liability and (2) damages.  You need to have both in order to sue.

Andrew Velonis · Answer

A chain is only as strong as its weakest link.

Susan Marie Basko · Answer

Yes, there is.  It is being on time.  If you file a court case after the statute of limitations, your case is automatically lost.  If you file an appeal even one day late, it is discarded.  in law, one must be on time with motions, responses, and be on time for court. If you are in a criminal case and if you do not appear in the right place at the right time, usually a warrant will be issued for your arrest.  Overall, the most crucial element in law is being on time. This is why in law schools, the students are rigidly trained to be on time for class and to turn all work in on time.  In law school, usually papers are due before a certain time on a certain date and are not accepted one minute later.  In most law schools, absences, for any reason, are not accepted other than a very limited number of absences, such as one or two, per semester.  This is harsh because the rule applies to illness and close family deaths.  The students simply are not allowed to be absent or late. Often, being even a minute late to a class counts as an absence.  If you cannot be on time, do not try to be a lawyer.

David Stoddard · Answer

Probably not, or reasonable people could differ on what that element would be.  For example, I would suggest that truth is the most important element (although depending on how you define "element", truth might not be an element, as discussed below).  However, in many legal situations, lies and falsehoods prevail over the truth.  Thus if justice is your goal, I would say truth is more important.  If winning is your goal, perhaps credibility is the most important (for example, a lying cop might be more important to winning than an honest convict).  Generally, in the law, "element" is a term of art meaning the ultimate facts (or building blocks if you will) required to prove a case from the Plaintiff's or Prosecutor's side.  For example, the elements of driving under the influence are:  1)operating a motor vehicle, 2) while materially impaired by alcohol and/or drugs.  The State must prove both elements. Neither is more important.  In a civil negligence case (a car wreck, for example), the Plaintiff must prove 1) Some duty of the Defendant to exercise due care toward the Plaintiff (in a wreck case to obey traffic laws), 2) Defendant's breach of the duty to exercise due care, and 3) damages caused by Defendant's failure to exercise due care.  All three elements must be proved.  None is more important than the other.  If this is a question for some college law course, and not your own philosophical question as to what is the most important element above all elements in the law, then I would suggest that "element" is the term of art described in the second paragraph above.

Christine McCall · Answer

Yes, jurisdiction.

Victor Waid · Answer

The evidence supporting the case, must be sufficient to support the law applicable to the matter, to obtain a decision in favor of your claim.

Mark Westerfield · Answer

This sounds like a homework question to me. Sorry, you are on your own to look this up.

Mark Hubert · Answer

Yes- a good attorney or a great witness. Failing that you would want a stupid jury or a valid passport and a large bank account in a foreign country.

Kevin Elliott Parks · Answer

It depends what you mean by "element." Every legal case hinges on the facts, and certain facts are always more important than others. However, "elements" may also refer to the individual factors that make up certain common law or statutory crimes or claims, and in that sense each individual element is specifically necessary to prove to establish and win your case, thus they're equally important.

Mark West · Answer

I would put it this way, if you fail in your burden of proving any element of which you have the burden of proving, you will lose.

Diane Drain · Answer

Your question is very confusing.  Perhaps you want to clarify.

Glenn Tanner · Answer

your ability to pay for an attorney

James Frederick · Answer

It depends on the kind of case. Generally, there are MANY factors and the interrelation of all of the factors has a bearing on the outcome.

Thomas Bulman · Answer

Yes. Justice.

Dennis Leffert · Answer

Yes - plan for the worst, hope for the best and ALWAYS tell the truth!

William Sanders · Answer

combination of law and evidence There is an old lawyer saying: If the evidence is against you, argue the law. If the law is against you, argue the evidence. If the law and the evidence are both against you, attack the opposing lawyer.

Joseph Harper · Answer

I think all elements of your case are important. If you have 4 elements to prove and can only prove 3, I suppose that missing element would be the most important.

John Bussman · Answer

What?

Robert Jensen 'Bob' Matlock · Answer

That is too broad a question to answer.

John Brennan · Answer

I don't quite understand your question, but, generally, in order to seeing liability or gain a conviction all elements must be proven.

Shilo Naomi Borja · Answer

Not really. For example, in a civil case for negligence, a prima facie case must be made, and all the elements of the prima facie case must be plead. So, you will need to show duty, breach, injury, and causation. Without all four, a case will fail on its face.

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Is there one element that is more important than another element in all cases?

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