Exam 3: Issue Identification: Spotting the Issue

One of the steps in the process of identifying the issue(s)in a client's case is the identification of the key and background facts.

In the broadest sense, the issue is the precise legal question raised by the specific facts of the dispute.

"Does state code § 231 govern garage sales held on private property?" is an example of a question of how the law applies.

A narrow statement of the issue fails to inform the researcher of the specific factual context of the dispute.

The fastest way to locate the issue(s)in a case is to focus on the key facts.

If the issue is misidentified, malpractice may result because the client is billed for a service not requested.

"The issue in this case is whether the trial court erred when it denied the motion to dismiss" is an example of an issue stated in the procedural context.

One of the steps in the process of identifying the issue(s)in a client's case is to keep in mind the question: "What was decided about which facts in this opinion?"

The identification of the issue(s)in a court opinion is a four-step process.

The issue is composed of three parts.

The most difficult task that a researcher faces when engaging in legal analysis is to identify the key facts correctly.

The facts component of an issue is composed of the key facts and sufficient background facts to identify the context of the dispute.

When dealing with multiple issues in a client's case, address each issue separately and completely before proceeding to the next issue.

The identification of the legal question(s)or issue(s)in a client's case is a four-step process.

The identification of the issue determines which direction the research will take.

"Under the holographic will statute, § 3951, is a will valid if it is handwritten by a neighbor at the testator's direction?" is an example of a narrow statement of an issue.

A broad statement of the issue fails to inform the researcher of the specific factual context of the dispute.

The issue(s)may be set out more clearly in a dissenting opinion than in the majority opinion.

The goal when reading a case is to identify the substantive rather than the procedural issue(s).

The law component of an issue may be a constitutional provision or a common law doctrine.