What is the issue in a case brief?
Asked by: Prof. Saige Keebler I | Last update: November 1, 2025Score: 4.1/5 (1 votes)
The issue is a statement of the question of law that the court must answer in order to decide which party should win. A case may involve more than one issue. Sometimes the court will directly state the issue in the opinion.
What is an issue in a case?
An issue is a point of controversy or disagreement between parties and is submitted to a court or other legal tribunal for resolution.
What is the issue statement in a brief?
The issue statement, often the first substantive section of a brief, provides you the opportunity to convey your theory and suggest the appropriate outcome at the outset. An effective issue statement is both informative and persuasive.
How to identify issues in case?
- Ignore the obvious. Generally, if two parties sign a written agreement with the word “Contract” on it, it's a contract. ...
- Look for ambiguity in the facts. Lawyers LOVE ambiguity. ...
- Find where the opinions disagree. ...
- Think about what you don't understand.
How long should the issue be in a case brief?
Too short, and you risk omitting crucial information; too long, and you might as well be reading the full case again. As a general rule of thumb, a well-crafted case brief should fall somewhere between one and three pages in length.
How to Brief a Case
What does an issue brief look like?
Generally speaking, issue briefs include an overview of the issue, identify and discuss prominent stakeholders, and discuss current policy and com- monly suggested solutions to the problem.
What is an example of an issue statement?
- The first issue is whether a valid contract was created based upon Parker's response to Olsson's statement. ...
- Carson may have ratified Diaz's actions. ...
- Since the offer was valid, Parker was in a position to accept it by performing the requested act.
How to write an issue in a case brief?
The legal issue is your argument and may include the facts and questions you pose to the court. The legal issue in question should not include details specific to the current case. Instead, you can state the issue as a legal question that someone can answer with a yes or no without ambiguity.
How can you identify an issue?
Identify the problem: State your problem as clearly as possible, and be specific about the situation. Include background, context, and symptoms of the issue when identifying the problem. Form a hypothesis: Hypothesize what is causing or maintaining the conditions around the problem. Try to really get to the root cause.
What is a legal issue and examples?
It is a question or problem that is answered or resolved by the law. Sometimes it is not obvious that a matter will involve the law such as unexpected illness which might lead to legal questions about employment, mortgages, or insurance for example.
What is the rule in a case brief?
Every brief should include, at a minimum, the facts of the case, the legal issue, the legal principle applied in the case, the holding and reasoning of the majority, and a summary of any concurrences and dissents. Your brief should not exceed 600 words, excluding concurrences and dissents.
How to write a deep issue?
The well-written issue - what I call a "deep" issue - should: " Consist of separate sentences. " Contain no more than 75 words. " Incorporate enough detail to convey a sense of story. * End with a question mark. " Appear at the very beginning of a memo, brief, or judicial opinion - not after a statement of facts.
What is a brief problem statement?
Definition. A problem statement is a clear and concise description of the problem or issue a team aims to address in a project. A problem statement identifies a problem's current state, desired future state, and the gaps that lie between the two.
What is an issue example?
An issue is something that has at least two sides, an idea that can be debated, for example: government spending, pollution from fossil fuels, bias in news coverage.
How do you write an issue?
- Gather Evidence.
- Locate the Issue.
- Solidify your Reproduction.
- Suggest a Cause.
- Write your Issue!
- What's Next?
What is considered an issue?
a subject or problem that people are thinking and talking about: environmental/ethical/personal issues.
How to identify an issue in a case?
- Who are the parties?
- What is their relation to each other?
- What were their actions?
- Who was affected by their actions?
- How were they affected?
How do you describe an issue?
You need to begin with an initial statement that sets out the issue (usually a problem or challenge) which needs to be addressed, and which provides a clear statement of remedial action, saying what, by whom and by when.
How to determine an issue?
Ask 'why'
A key approach that you can take when defining your problem is to ask 'why' questions to identify and gain an in-depth understanding of the issue. You could ask a series of 'why' questions that follow on from each other.
What is an issue brief?
The issue brief is a short, written document that: states the issue for consideration; indicates a recommendation for action; provides supporting information relevant to the issue and recommendation; lists references for the supporting information and other resources as necessary; and provides contact information.
How do you write an issue for a case study?
- Read and examine the case thoroughly. Take notes, highlight relevant facts, and underline key problems.
- Focus your analysis. Identify two to five key problems. ...
- Uncover possible solutions. ...
- Select the best solution.
What is the legal issue brief?
A complete case brief includes all that is relevant to the court's decision: who the parties are, what they want, how the trial and any previous appellate courts responded to the parties' arguments, the relevant facts, the issue, the court's holding, and the court's reasoning.
What is the issue in a case brief example?
The next component is the issue, which can also be referred to as the question. This is the legal issue that the court is trying to resolve. This will not be a factual issue, such as did Sally hit Sue, but rather a legal issue, such as was the trial court proper in granting their motion for summary judgment.
What is an example of the word issue?
She is concerned with a variety of social/moral/economic issues. Water purity is a public health issue. The President's speech addressed a number of important issues. The issue is poverty, not race: to talk about race is simply to confuse the issue.
What is a case issue statement?
The issue statement is the first substantive content in a legal brief. It's also the first opportunity to shape how the court and its staff view our case.