Chapter 3Issue Identification Issue Elements Issue Elements Applicable

Chapter 3—Issue Identification Issue Elements

Issue Elements Applicable law The specific law that governs the dispute—constitutional provision, statute, ordinance, principle, and the like

Issue Elements Legal question The question concerning the law governing the dispute raised by the facts

Issue Elements Key facts The legally significant facts that raise the question of how or whether the law applies

Chapter 3—Issue Identification Client’s Case

Issue Identification Client’s Case • Step 1: Identify each type of cause of action and area of law possibly involved.

Issue Identification Client’s Case • Step 2: Determine the elements of each cause of action identified in Step 1.

Issue Identification Client’s Case • Step 3: Determine which facts of the client’s case apply to establish the elements of each cause of action—the key facts.

Issue Identification Client’s Case • Step 4: Assemble the elements of the issue from the law and key facts identified in Steps 2 and 3.

Chapter 3—Issue Identification Court Opinion

Issue Identification Court Opinion • Step 1: Read opinion and keep in mind, “What was decided about which facts in this case? ”

Issue Identification Court Opinion • Step 2: Look to the holding and ask, “What was decided? ”; “What law was applied? ”; “What facts are necessary to the holding? ”

Issue Identification Court Opinion • Step 3: Assemble the issue from the elements identified in Step 2.