The Use of Visual Aids
It is “plain and obvious” that a factum is a written document. In some sense, the factum and the written word are inextricable. In his classic, “Forget the Wind-Up and Make the Pitch,” John I. Laskin J.A.’s opening sentence reads, “When I began practising law, written advocacy, the factum, was far less important than it is now.” Appellate courts have introduced “word” limits to their factum guidelines. British Columbia’s Court of Appeal has released an online guide to factum writing, which identifies a factum as the “written” argument used in the appeal.
This chapter aims to provide an overview of an exception to the rule by reviewing the use of visual aids in factums. It largely pulls from —and in some sense can be understood to be a summary of —John H. Larsen’s Using Visuals to Better Communicate Logic in Legal Reasoning, 25 Legal Writing 285 (2021), which the reader is encouraged to review before making the final decision to leap from the written word to the visual aid.
The Science of Visual Aids
Visual aids are crucial tools in legal reasoning due to their ability to enhance cognitive efficiency and clarity. They tap into our brain’s preference for visual information, which is processed faster and more effectively than text. This preference is not just a matter of convenience; it’s rooted in the way our brains are wired. The visual cortex is expansive and allows for rapid interpretation of complex information, which is essential in the legal field where one must navigate through vast amounts of data.
In the context of legal analysis, visuals can reduce the cognitive load, which allows judges to focus on higher order thinking rather than getting bogged down by the details. They serve as an anchor for memory, making recall quicker and more accurate. This is particularly beneficial when dealing with complex cases that require understanding and analyses of a multitude of facts and legal principles.
Moreover, visuals can focus the judge’s attention, ensuring that important information is conveyed effectively. They also aid in pattern recognition, which is a key aspect of legal strategy and argumentation. Recognizing patterns in case law, for instance, can lead to more effective predictions of legal outcomes and better preparation for cases.
Legal Reasoning
Logic is integral to legal reasoning. It serves as the framework within which legal arguments are constructed and analyzed. It provides a structured approach that ensures arguments are built upon a solid foundation of rational thought, leading to logically sound conclusions. This adherence to formal logic is essential in the legal field, where the validity of arguments can determine the outcome of cases.
In the practice of law, logic is manifest through rules of inference, principles of validity, and the systematic organization of premises leading to conclusions. Precise logic ensures that each step in the reasoning process is justified and follows logically from the last. This rigorous approach is necessary to maintain consistency and fairness in legal decision-making.
However, the complexity of legal issues sometimes exceeds the neat confines of formal logic. Legal reasoning often requires a blend of both deductive and inductive logic. Deductive reasoning, with its structured approach of reaching specific conclusions from general principles, provides a solid foundation for constructing legal arguments. Inductive reasoning, which involves drawing general conclusions from specific instances, is important in developing legal theories and interpreting statutes or case law.
The interplay between these two forms of logic is where the true art of legal reasoning lies. Lawyers and judges must navigate the grey areas of law, where formal logic may not provide all the answers. In these instances, the ability to reason by analogy or to draw inferences from a body of evidence becomes essential. Visual aids can play a significant role in this process, providing a framework for organizing thoughts and structuring arguments in a way that is both logical and persuasive.
Venn Diagrams
Venn diagrams are a staple of informal logic that have found a significant place in judicial reasoning. They serve as a visual tool to illustrate the relationships between different sets of legal principles, statutes, or case facts. By depicting these relationships through intersecting circles, Venn diagrams can clarify how various legal elements overlap, differ, or combine.
In appellate work, the interpretation and application of laws often involves overlapping statutes or precedents. Venn diagrams offer a clear and immediate visual representation of these complex relationships. They can simplify the task of determining which laws apply to a particular case or how a new case fits within the existing legal framework.
Venn diagrams can be particularly useful in areas like statutory interpretation, where understanding the scope of legal provisions is crucial. They can visually represent the inclusion and exclusion of categories within a statute, aiding legal professionals in discerning the legislative intent and applying the law accurately.
Communicating Informal Logic
Visual tools are not limited to Venn diagrams; they encompass a variety of formats that can articulate the informal logic often present in legal reasoning. These tools include flowcharts, timelines, and matrices, each serving a unique purpose in the visualization of legal concepts and processes. Flowcharts are particularly useful for mapping out procedural steps or legal arguments, providing a clear path of progression and decision points. Timelines offer a chronological perspective, essential for understanding the sequence of events in a case or the evolution of legal doctrines. Matrices allow for the comparison of different legal rules or standards, facilitating analysis across various scenarios or jurisdictions.
These visual aids are instrumental in bridging the gap between the abstract nature of legal language and the realities it seeks to represent. They have the potential to transform the way judges follow complex cases, enabling them to see connections and relationships that might otherwise be obscured by the density of legal text. Moreover, they serve as an effective means of communication, not only among legal professionals, but also with clients and the public, who may not have the same level of legal expertise.
Summary
Any legal argument should be tested and re-tested for its clarity, cogency and logic. However, subjecting our arguments to scrutiny is not sufficient; the goal is to communicate the argument effectively to the judge(s) hearing the argument. Any information that increases a judge’s receptivity to our argument must be considered a serious candidate for inclusion in our factums. To the extent that visual aids can provide this, they should be used without fear of moving outside the scope of “written argument.”
