- Breaking and entering
- By night
- A dwelling of another
- with the intent to commit a felony therein
Why this is important? Because if one of the facts is missing then I am not guilty. For example, if I didn't enter at night, then technically it is not a burglary. Tough for you, I broke into your house at 12 p.m. (Modern law has closed all these loop holes)
Students get taught that identifying facts that support a cause of action is how the law works.
Family law is quite different in this regard because we are mainly deciding issues of status. So in order to have a divorce, for example, the only question is: Are you married? In order to decide issues of child custody or support, the only question is: Are you a parent? A yes or no to these simple questions determine the cause of action and whether it can be brought.
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