Litigation disputes fall into fact, law, or mixed categories

Evidence

Disputes About the Facts In some cases, the disputing parties agree about the interpretation and application of the law but offer differing versions of the facts. A criminal assault case, for example, may turn entirely on the identity of the assailant, or a robbery case on the defendant’s claim that the victim actually owed him. the money he took. Similarly, civil suits may focus on such questions as whether it was the defendant company’s drug that produced the plaintiff’s medical problems, or whether an employee was refused a promotion because of her race or gender. … Disputes About the Law In some cases, both parties agree on the relevant facts but disagree on the application of the law to those facts. In a criminal case, for example, the prosecution and defense may agree that a police search uncovered evidence of wrongdoing but disagree about whether the search was legal. … Mixed Disputes Involving Both Facts and Law In some cases, the questions of fact and law are intertwined. For example, when a defendant claims to have shot someone in self-defense, the outcome of the case depends on the facts surrounding the shooting and on the legal definition of “self-defense.” — G. Alan Tarr, Judicial Process and Judicial…, 1276

Categorization

• XREF: connects to: Pure legal-meaning disputes can arise where both sides agree on all facts.; Litigation over costs batters originally simple legal concepts into intricate complexity — Lawrence M. Friedman, A History of American Law, 1209; Contentious events in any setting fall into a limited number of repeating categories — Charles Tilly, Regimes and Repertoires, 313 (+3 more)