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3 elements of a correctly identified issue:
- 1. Jurisdictional component (Applicable law)
- 2. Legal question
- 3. Key Facts - factual component that is specific or unique to your case.
- The legal question raised by the facts of the dispute.
- (What is the court being asked to decide?)
Remember the 4 C's when stating the issue:
- 1. Clear
- 2. Complete
- 3. Correct
- 4. Concise
3 Analysis Questions to spot the right issue:
- 1. Ask whether the law applies? Does the law cover this dispute?
- 2. Which law?
- 3. How?