Step 1.1.2 Answer 'What, Who, When, Where, Why, and How'

To collect all the facts from the sources you have identified, use the '5W and H' technique.99 Under this technique, you ask questions that begin with 'What', 'Who', 'When', 'Where', 'Why', and 'How'.100 Use the questions provided below to prompt your own questions. Since people can interpret 'facts' differently,101 especially self-serving facts,102 include different versions of the facts.103 Collect the favorable and unfavorable facts,104 and attach documents and other sources of facts as you compile the facts.

99 Christopher G Wren and Jill Robinson Wren, The Legal Research Manual: A Game Plan for Legal Research and Analysis (1983) 31.

100 David Stott suggests this technique for systematically collecting facts. See David Stott, Legal Research (1993) 11, 30. This technique provides an idea generator that can apply beyond just the fact collection process. See Terry Hutchinson, Researching and Writing in Law (2002) 107; Terry Hutchinson, Researching and Writing in Law (2nd ed, 2006) 121–2.

101 See, for example, Erwin C Surrency et al, A Guide to Legal Research (1959) 8. For a student exercise, see Bonnie M Baker, 'Creating Facts' (2001) 16(1) Second Draft: Bulletin of the Legal Writing Institute 1; Robert S Marx, 'Shall Law Schools Establish a Course on Facts?' (1953)5 Journal of Legal Education 524, 529–30.

102 See, for example, Ward Farnsworth, The Legal Analyst: A Toolkit for Thinking About the Law (2007) 237.

103 Arthur T Vanderbilt, 'Forensic Persuasion' in George Rossman (ed), Advocacy and the King's English (1960) 224, 227.

104 See, for example, William J Brock, 'Conduct of Negligence Case for Plaintiff' in George Rossman (ed), Advocacy and the King's English (1960) 124, 126; David Goldstein, 'How to Try a Case in the Trial Court from a Lawyer's Point of View' in Rossman, above, 84, 85. But see Hugh Selby and Graeme Blank, Winning Advocacy: Preparation, Questions, Argument (2nd ed, 2004) 6 (suggesting that, in criminal cases, do not ask 'Did you do it?').

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