GuidesMasterFile Getting StartedCreating facts and setting out argument

Creating facts and setting out argument

Facts can be created by clicking on [R+] > Create > Fact. They can  also be created directly from profiles using the "Make Fact" button at the top of the profiles.

You may be wondering what making a fact from within a profile means or does. When a new fact profile is created from a piece of substantiating evidence such as an extract, or a document, or even from another fact, a doc-link back to it is inserted in the fact's Sources of fact section so you're able to review its supporting evidence and substantiate your position quickly and easily. We'll look at that later on in this article.

Creating a blank fact profile

To create a blank fact, click on [R+] > Create > Fact.

Creating a blank fact profile

A new fact profile is created. As for other profiles, the only section that needs to be completed is Required Information. In this case,

  1. Relevance and Impact Assessment has been set to High and For Us respectively -- because this fact is both highly relevant and supports our argument.
  2. Impacted Party has been set to 'Arcade Towers'. You can set a fact's impact on a specific party -- necessary in arbitration or multi-party cases. In most instances, you would leave the impacted party set to the default of Us or Them, one of the defaults..
  3. Status has been set to Our Authority as that's what this is. In this case, Disputed by who is left blank. If the Status were Disputed by, then Disputed by who would say Us or Them, or a player.
  4. Percentage has been set to 60 which indicates we are only 60% confident with our argument and evidence of "winning" this point
  5. Since this is not a chronological event, date and time is not relevant and those fields are left blank.

Since this fact is related to the issue/topic Liability\Manufacturer we'll link it to that by selecting it from the list. You can also click on the Link to ... buttons to pop up a categorized list of those keywords.

Issue/Topics are keywords. To create keywords specific to your case and needs, see Creating keywords.

Save the profile once complete.

It now appears in the fact views. The Facts > by Relevance view is shown  here.

Creating a fact from a document profile

When you need to substantiate a fact with certain document profile(s) as evidence, create the fact from within the profile(s). The blank fact is created as we've seen for you to complete, but in this case, a doclink back to the document profile is automatically inserted in the fact's OCR/Argument ... field. If we need we can add some text to elaborate further.

We'll link a document profile, a metallurgical report, to a new fact about several incidents about this elevator.

From within the profile, click Make Fact.

Creating a fact from a document profile

In the newly created fact, we see the inserted doclink back to the report that was added, and the my notes/argument about it.

Clicking on the yellow doclink takes me immediately to the report, opening it in a new tab, if I want to peruse it again.

Although we recommend you create extracts from documents for key information in them and then link the extracts to facts or issues, especially since an extract may be needed to substantiate or support different facts and issues, you can highlight lines from the document and make a fact. Those lines will be inserted in the fact with the doclink to the source document.

Click Add to Existing Fact to link the document and the highlighted lines to an existing fact, adding further substantiating information to it.

Since I'm adding to an existing fact, the Fact browser is displayed from which I can choose the relevant fact.

I select the one I've been working on and click OK.

The highlighted lines from the profile and doclink is added to the fact above the dashed separator.

Although clicking on the yellow doclink icon opens the report in a new tab, it can still be treated as text and cut and pasted anywhere in the OCR section -- so I can write notes and insert it where I need it in my argument, which I've done, tidying up the formatting and my notes as shown below.

Creating a fact from an extract

We recommend you create facts from the extracts you create during document review rather than from those key lines in the documents themselves as explained in Creating extracts. A fact may end up logically with the same name as the extract which is fine. Often however, that's not the case, because many extracts will come together in substantiating some other fact. Adding profiles to existing facts is explained in this article as well.

Open the extract and click on Make Fact.

Creating a fact from an extract

The fact is created and the extract linked to it. The fact is called 'Research from various studies shows elevator accident causes and liability' and we'll add some more substantiating info to this, and some notes so we can retrace our thoughts if we return to it later, or use it in our argument.

Now we need to add some more substantiating evidence, an extract of an Expert Report, to the fact we're dealing with.

Locate the extract, open it, and then click on Add to Existing Fact.

The Fact browser pops up for me to choose the fact I'm working on.

I scroll to it and click OK.

The Extract is added above the inserted divider at the top of the section.

I'll simply cut and paste it into the right place. And add notes or argument to explain its relevance.

Linking other profiles including facts to existing facts

You can continue to link profiles to existing facts as you peruse those profiles using the Add to Existing Fact button within them as shown above.

You can also do that from within facts, while creating them or writing argument or notes, using the Insert doc-link button in the Sources of fact section.

Click on Insert doc-link

Linking other profiles including facts to existing facts

The database browser is displayed.

I click one of the curved arrows to get to the document view, browse to and select two documents I need by clicking in the selection margin and then click OK.

The two doclinks are inserted and I write a brief note as to why. Later I can flesh it out with my full argument around this fact and its evidence.