I.What is Marshalling of Fact?
Marshalling of Fact means arranging the facts. The arrangement must be systematic and chronological. Marshalling of facts assists the lawyer in assessing the significance of relevant laws and organizing these to construct a logical agreement in proving the client's case.
Liste- Identify gaps, ambiguity and contradiction in information,
ning is an essential and important element in the Marshalling of facts. Through proper listening. we identify the facts received from the client.Telling + Listening = Identifying
We get facts from our client. So fact is the most important part of the question and it is a skill which can be learned. Without marshalling of fact no proper legal research may be undertaken. Fact + Law = Result/ Judgement
Marshalling of facts skill should enable the young advocate to:-
- Chronologic events presented in variety of ways,
- Identify gaps, ambiguity and contradiction in information,
- Identify the objectives of the client both in terms of practical outcome and legal remedies,
- Place the information in context,
- Identify the factual issues,
- Identify the legal issues raised by the fact,
- Select possible solutions to the clients problems,
- Recognize the interaction between law and fact
- Assess the strengths and weaknesses of case,
- Distinguish between relevant necessary material and irrelevant facts,
- Distinguish between fact and inference,
- Construct and argument from the facts to support the client's case etc.
- Identify judicial precedents and authoritative interpretation of the relevant law applicable to the case.
III.Construct a chronology:
Identifying the events in the order in which they occurred clarifies what has happened, assists understanding , and can be in valuable as the basis of an opening speech. Moreover, a chronology handed up to the judge at the start of both civil and criminal trials assists the court in understanding the case and provide a structure for the presentation of the case.
Md. Shahnewaz Zwaki Advocate The Supreme Court of Bangladesh (High Court Division).