Legal Elements

Law Example1:

    Problem:  Mary burned down her neighbor's playhouse.  Nobody else was involved.  How can we tell if Mary is guilty of a crime?
    Solution:  Propose a CAUSE OF ACTION and determine if Mary's actions violate it.  

One possible cause of action:  ARSON (as set forth by https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-80/)
    (In Virginia, Criminal actions are generally defined by specific sections of Va. Code §18.2)

§18.2, Chapter 5, Article 1.  Arson and related crimes

§ 18.2-77. Burning or destroying dwelling house, etc.

This might APPEAR to be an appropriate "algorithm" or cause of action.  However, when you look at the next section, you will see:

§ 18.2-78. What not deemed dwelling house.

No outhouse, not adjoining a dwelling house, nor under the same roof, although within the curtilage thereof, shall be deemed a part of such dwelling house, within the meaning of this chapter, unless some person usually lodge therein at night.

Because a playhouse does not fit the definition of a "dwelling house," this would be the WRONG cause of action to pursue.

What happens if your cause of action is not accurate?  (You'll ALSO get the wrong answer!)

Keep looking, and you will see:

§ 18.2-80. Burning or destroying any other building or structure.

If any person maliciously, or with intent to defraud an insurance company or other person, burn, or by the use of any explosive device or substance, maliciously destroy, in whole or in part, or cause to be burned or destroyed, or aid, counsel or procure the burning or destruction of any building, bridge, lock, dam or other structure, whether the property of himself or of another, at a time when any person is therein or thereon, the burning or destruction whereof is not punishable under any other section of this chapter, he shall be guilty of a Class 3 felony. If he commits such offense at a time when no person is in such building, or other structure, and such building, or other structure, with the property therein, be of the value of $500 or more, he shall be guilty of a Class 4 felony, and if it and the property therein be of less value, he shall be guilty of a Class 1 misdemeanor.

Code 1950, §§ 18.1-80, 18.1-81, 18.1-85; 1960, c. 358; 1975, cc. 14, 15; 1981, c. 197; 2018, cc. 764, 765.

What are the LEGAL ELEMENTS defined by this code section?

   Just as in Programming, we must be very precise in determining the legal elements, or we won't be able to find an accurate solution to our problem.

According to the above law, in order for Mary to be guilty of violating §18.2-80, the prosecutor must prove:

    1)  She is a PERSON.
    2)  She acted either MALICIOUSLY or "WITH INTENT TO DEFRAUD someone (which could be either a person or an insurance company)
    3)  she either helped/advised or directly burned or used an explosive device or substance.
    4)  She caused part or all of the playhouse to be burned or destroyed

So, is Mary guilty??   We still don't know, because although we can probably assume (1) she is a person, and (4) she caused the playhouse to be burned (based on our initial scenario), we DON'T know the details of:

    a)  Whether she acted maliciously or intended to defraud someone; or

    b)  Whether burned the playhouse or used an explosive device or substance;

Law Example2:

• Suppose the client for the defendant is accused of violating a law that states that drivers of a red Toyota Corolla who park their car at the Red Rover parking lot during the evening hours.

• So the plaintiff needs to show that the client did ALL of the following:

• drove the car, the car is red, the car is a Toyota, the car is a Toyota Corrola, the car was parked at the Red Rover parking lot, the car was parked during the evening hours

• And they need to see how the evening hours is defined in the law

• Meanwhile the defendant can show that one of the "variables" were not true, such as that the car was not of the drivers, or that it was parked outside of evening hours

• Sometimes you'll have these "tests" where not all of the variables have to be true, but a lot of them have to be, such as the fair use test