legal analysis issues and holdings. assignment 2—due date prepare issue and holding for both...
TRANSCRIPT
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. 335-338) 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