Chapter 11

Question 1

shorthand statement

Answer 1

a broad formulation of the issue that usually does not include the specific facts or law.

Question 2

The issue should contain what 3 elements?

Answer 2

Relevant Law

The specific law that governs the dispute (e.g., “Under Ind. Code § 29-1-5-5, legal execution of a will …”).

Legal Question

The question concerning the application of the law governing the dispute to the facts of the dispute (e.g., “Is a will validly executed …”).

Key Facts

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 (e.g., “When one of the witnesses is the brother of the deceased.”).

Question 3

question component of issue follows the law component. It must do the following three things

Answer 3

Relate to or concern the specific law included in the law component

Present the specific legal question raised by the facts

Link the law with the facts

Question 4

The facts component of issue must do the following three things:

Answer 4

Be readable

Include key facts legally relevant to the law component

Set the factual scope of the legal question

Question 5

WORDS

Answer 5

LAW / QUESTION / FACTS

• In light of / did/ exist / when
• Under / is / when
• According to / does / constitute / when
• Applying / was / required / when
• Under / does / establish / when