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by stult 3178 days ago
Many aspects of the law are algorithmic. Even though there is no one, settled formal definition for algorithm, statutory and common law meet many informal definitions. Laws usually lay out an ordered, (theoretically) unambiguous set of steps for deciding a legal issue. When lawyers talk about "elements of a test," they are referring to this structured logic.

For example, the elements required to prove a negligence claim are:

1. Duty

2. Breach of Duty

3. Cause in Fact

4. Proximate Cause

5. Damages

When evaluating a negligence claim, a lawyer first tries to determine if the defendant owed the plaintiff any duty of care, then whether the plaintiff breached that duty, then if that breach was the factual cause of a harm suffered by the plaintiff, then whether the causal relationship was close enough to be considered legally proximate, and then, finally, whether the plaintiff actually suffered measurable damages.

Arguably, that superficially algorithmic process frequently breaks down in practice. For example, it's often easier to start with the damages suffered by a plaintiff and work backwards by identifying the causes, then who was responsible for those causes and any duties they may have owed to the plaintiff. However, regardless of how the lawyer and plaintiff identify whom to sue, they must frame their pleadings to allege the elements of the tort in the order specified by their jurisdiction's law, so the actual practice of law in court amounts to an algorithmic exercise.