Chapter 10

Question 1

issue

Answer 1

the legal question raised by the dispute that must be answered before a case can be resolved.

Question 2

What are the 3 elements of an issue?

Answer 2

Applicable Law

Legal Question

Key Facts

Question 3

Applicable Law

Answer 3

The specific law that governs the dispute. (e.g., a constitutional provision, statute, regulation, ordinance, or case law doctrine, principle, rule, test, or guideline).

Question 4

Legal Question

Answer 4

The question concerning the law governing the dispute raised by the facts of the dispute.

Question 5

Key Facts

Answer 5

The legally significant facts that raise the legal question of how or whether the law governing the dispute applies; facts that, if changed, would change or affect the outcome of the application of the law.

Question 6

a comprehensive, narrow (specific) statement of the issue

Answer 6

The three elements of the issue—the applicable law, the legal question concerning the law, and the key facts that raise the legal question

Question 7

Steps in identifying the legal issue:

Answer 7

STEP 1
Identify each type of cause of action and area of law possibly involved.

STEP 2
Determine the elements of each cause of action identified in step 1.

STEP 3
Determine which of the facts of the client’s case apply to establish or satisfy the elements of each cause of action—the key facts.

STEP 4
Assemble the issue from the law and key facts identified in steps 2 and 3. Follow the format presented in Chapter 11: relevant law + legal question + key facts.

Question 8

3 steps in identifying issue in a court opinion

Answer 8

STEP 1:
General Question
Read the entire opinion before attempting to identify the issue. While reading, keep in mind the question, “What was decided about which facts in this case?”

STEP 2:
Look to the Holding
Focus on the holding and ask the following questions:

To identify the law applied ask, “What statute, rule of law, or principle did the court apply to reach its decision?”

To identify the question addressed by the court ask, “What legal question was addressed and answered by the holding?”

To identify the key facts ask, “Which of the facts presented in the case, if changed, would alter or affect the question addressed in the holding?”

STEP 3:
Assemble the Issue
Assemble the issue from the answers to the questions in step 2. Structure the issue in the format presented in Chapter 11: Rule of law + legal question + key facts.