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 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 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.