Determining the Issue

the SC would sometimes explicitly provide the issue

The relevant issue should depend on the subject matter
In relation to legal opinion writing

What is an issue of the case? It is the question that has to be decided being disputed in the case,
being litigated.
Types of Issues
1. Factual issue - the controvesy as to the truth or fallacy of the facts, collecting the evidence
won when did Mr. A killed the victim?
2. Legal issues - the controversy on what law or how a law is relevant to the case, application
of the law - won the accused is criminally liable?

Issues should be stated in the most neutral manner or as objective as possible.

Do not introduce phrases that would be bias to a certain decision ( negates or posites).
All issues should be answered in the ruling

Formats of Issue writing

1. Question format - the basic format
2. "Wether or Not" format - it sounds neutral and favored; this statement is declarative (not a
question)
3. "Under - does - when" format - "Under" it introduces a certain law to be applied (it limits the
discussion), "When" sets out the relevant material and facts
4. Multi-statement format - preferred in Legal Opinion writing

If there is more than one issue, put the most important issue first
Look into the language of the governing rules
Linked issues