Chapter 6:

Getting into the Issues

Issues in Multiple Legal Disputes
Lawsuit
Could involve multiple legal disputes and
therefore, principal issues.
Claims of violations of separate right of the
parties
MULTIPLE LEGAL DISPUTES
ONE CONTROLLING ISSUE
Rudy Solis
Sergio Gomez
1
st
Legal Dispute
a) Solis claim that Gomez appropriated as his
own and sold the song Solis created.
b) Gomezs denial of such claim
2nd Legal Dispute
a) Solis claim that Gomez maligned him as
thief of intellectual property
b) Gomez denial of such claim
3
rd
Legal Dispute
a) Gomezs claim that was Solis who tried to
steal the song from him
b) Solis denial of the claim
4th Legal Dispute
a) Gomezs claim that the lawsuit was
malicious
b) Soliss denial of such claim
Rudy Solis
Sergio Gomez
Controlling Issue
Whether or not, Solis or
Gomez, created the
song.
Subordinate Controlling Issues
The resolution of the principal issue in a case
depends on how a subordinate issue raised in
connection with it is resolved.
EXAMPLE
Principal issue:
Whether or not the tenant has violated the lease by not paying
the rent
Subordinate issue:
Whether or not the rent may be deemed paid by a set off of the
lessors separate debt to the tenant.
EXAMPLE
Principal issue:
Whether or not Maxim violated Guerreros
right to be sold only safe products
Subordinate issue:
Whether or not Maxim has the right to
market cosmetic products that could
cause harmful allergy to some,
provided that the product label
discloses this risk
Source: ensacarmexico.com
Relevant or Irrelevant Issues
Must you discuss all the
factual issues raised by these
conflicting claims?
Relevant Issues
issues that when resolved determine the outcome of
the legal dispute relevant to the case.
Irrelevant issues
have no value in a case even if they are debated and
resolved since they are of noconsequence to the
outcome of legal dispute.
a)Ronald Galangs claim that he
was Julias boyfriend
b)Julias denial of such claim
Whether or not Ronald is a
good son for preferring to look
after his parents rather than
marry Julia.
RELEVANT
IRRELEVANT
Distinguish between
irrelevant or relevant issues
and dropping the irrelevant
and focusing only on the
relevant.
A List of All the Issues
There is an issue when the
contending parties do not agree
on a given POINT.
One should compare facts and laws
that the two sides claim and
identify the areas of
disagreement.
Source: fotosearch.com
Example
Dominant Issue:
5. Whether or not Ronal raped Julia, employing
force and intimidation
Subordinate issue:
1. Whether or not Ronald was Julias suitor
Example
Factual Issues:
3. Whether or not Julia walked home alone
4. Whether or not Ronald caught up with her and
grabbed her
6. Whether or not Julia was prompted by a genuine
desire for justice in filing the charge against
Ronald.
Example
Irrelevant Issue:
2. Whether or not Julia ignored Ronald at the party.
Factual and Legal Issues
An issue is factual when the
contending parties cannot
agree that a thing exists or
has actually happened.
Example
Legal Dispute
a) Prosecutions claim that the accused took and
pocketed the victims cellular phone during the time
they were both in the library
b) Accuseds denial of the claim
Factual Issue:
Whether or not the accused took and pocketed the
cellular phone
Factual and Legal Issues
An issue is legal when the
contending parties assume
a thing exists or actually
happened but disagree on
its legal significance or
effect on their rights.
Example
Concession:
Both the defense and prosecution agree that the
male organ of the accused merely touched the
sex organ of the victim but did not penetrate it.
Disagreement:
Whether or not the fact amounted to rape.
Correct Statement of the Issues
Every issue should be correctly phrased.
By using the introductory words whether or not, you automatically
incorporate the opposing views which makes a fair statement of the issue.
One
The issues to be tried and decided are best defined in terms of those
affirmative claims. (Exception: admission of guilt, pleading of self-defense)
Two
The statement of the issue must be fair, not slanted in favor of a party.
Three
Correct Statement of the Issues
Every issue should be correctly phrased.
The statement of the issue should be comprehensive, leaving no relevant
point outside its embrace.
Four
The statement of the issue must be specific and clear.
Five
Capture in the statement the gist, issue or essence of the specific
violation of right that the defendant committed.
Six
Threshold Issues
Issues that could slam the door to any juidical
consideration of the case on its merits.
Brought out by a motion to dismiss in a civil
action
Motion to quash in a criminal action
Filed before the issues on the merit of the case
are joined by the filing of an answer in the first or
plea of not guilty on the second
Questions?