Issue Identification

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Author:
NicoleNotes
ID:
117319
Filename:
Issue Identification
Updated:
2011-11-16 17:43:07
Tags:
Issue Identification
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Description:
Issue Identification - Chapter 6
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  1. 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.
  2. Issue
    • The legal question raised by the facts of the dispute.
    • (What is the court being asked to decide?)
  3. Remember the 4 C's when stating the issue:
    • 1. Clear
    • 2. Complete
    • 3. Correct
    • 4. Concise
  4. 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?

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