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