Legal Analysis Issues and Holdings

Assignment 2—Due Date Prepare Issue and Holding for both Swenson and Dickerson—due Tuesday October 14 Read Arizona v. Hicks and Parrisella v. Fotopulos (p ) for Thursday, October 9

Issue (s) This is the substantive legal question or qeustions asked to the appellate or supreme court It is NOT the TOPIC

Holding This is the answer to the question presented in the Issue Stated in a complete sentence format

IDENTIFYING THE ISSUE Read the whole case first Look to Court’s language but this is not always determinative--often court states issue too broadly What specific problem is the court asked to resolve

Identifying the Issue When the issue/question is answered, you should have a rule of law that you can apply to other facts. Remember: Stare Decisis Try to identify holding--if you put holding in question form, you have the issue

Bad Examples Did the lower court err? Did the police conduct an illegal search? Did the defendant commit a battery? Did the defendant commit a tort? Was the trial verdict correct? Did the court err when it granted the motion to dismiss?

Good Examples Can a testator effectively revoke a will by marking a large “X” across only the first page of a five-page will and not signing or initiating the “X”? Whether Illinois law allows recovery for the wrongful death of a fetus. Whether the “nighttime” element of burglary is satisfied if the entry occurred 20 minutes before sunrise.

Writing the Issue Statement Make it a question or start with the word “whether” Incorporate key facts Incorporate applicable law

Incorporating Applicable Law When Needed for Clarity Under California law... Under California’s wrongful death statute Refer to jurisdiction from which the case comes

Formula for Issue [what is the legal question] + [under the facts stated] Legal question usually in court’s words in the opinion, i.e. Is there a duty of care Facts stated = essential facts from case

Incorporating Key Facts Key facts must be incorporated into the issue statement and this has to be done in one sentence I.e. Under New York landlord-tenant law, does a landlord breach his duty to provide a habitable residence when he fails to provide air conditioning?

Incorporating Key Facts This will be repetitive with your statement of facts--that is o.k. You should be able to tell the nature of the factual dispute from the issue statement. What was dispute in prior slide

Holding Answer to question asked in issue Answer it in a complete sentence Do Not use yes or no

Practice--Issue and Holding Facts: A will is handwritten. One-half is in the testator’s handwriting and the other half is in the handwriting of a witness. Question. Is the will valid

In Class Review Illinois v. Caballas (67) Gideon Powell v. Alabama Betts v. Brady Minnesota v. Dickerson (87) Practice handouts