Question 1

The identification of the legal question(s)or issue(s)in a client's case is a four-step process.

Accepted Answer

The identification of the legal question(s) or issue(s) in a client's case does involve a four-step process, including analyzing the relevant facts, identifying potential legal issues, researching relevant law, and applying the law to the facts to determine potential outcomes or solutions.

Question 2

One of the steps in the process of identifying the issue(s)in a client's case is the identification of the key and background facts.

Accepted Answer

False

Question 3

The fastest way to locate the issue(s)in a case is to focus on the key facts.

Accepted Answer

False

Question 4

The goal when reading a case is to identify the substantive rather than the procedural issue(s).

Accepted Answer

The substantive issue relates to the rights and obligations of the parties involved in the case, while the procedural issue relates to the proper legal procedures or rules to be followed in the case. It is important to focus on the substantive issue when analyzing and applying the law to a case.

Question 5

One of the steps in the process of identifying the issue(s)in a client's case is to keep in mind the question: "What was decided about which facts in this opinion?"

Accepted Answer

The answer of One of the steps in the process...

Question 6

When dealing with multiple issues in a client's case, address each issue separately and completely before proceeding to the next issue.

Accepted Answer

It is important to address each issue separately and completely in order to ensure that all important details are considered and addressed properly. Jumping between issues without fully resolving them can lead to confusion and mistakes in the overall case management.

Question 7

"Does state code § 231 govern garage sales held on private property?" is an example of a question of how the law applies.

Accepted Answer

The answer of "Does state code § 231 govern garage...

Question 8

The facts component of an issue is composed of the key facts and sufficient background facts to identify the context of the dispute.

Accepted Answer

The answer of The facts component of an issue is...

Question 9

In the broadest sense, the issue is the precise legal question raised by the specific facts of the dispute.

Accepted Answer

In the broadest sense, the issue refers to the general problem or matter at hand, not necessarily the precise legal question raised by the specific facts of the dispute. The precise legal question is a more specific aspect of the broader issue.

Question 10

The most difficult task that a researcher faces when engaging in legal analysis is to identify the key facts correctly.

Accepted Answer

The most difficult task that a researcher faces when engaging in legal analysis is not to identify the key facts correctly, but to apply the law correctly to those facts. Identifying the key facts correctly is an important task, but not the most difficult one.

Question 11

The issue is composed of three parts.

Accepted Answer

The issue is indeed composed of three parts.

Question 12

"Under the holographic will statute, § 3951, is a will valid if it is handwritten by a neighbor at the testator's direction?" is an example of a narrow statement of an issue.

Accepted Answer

The statement only includes one specific aspect of the holographic will statute, namely whether a will is valid if it is handwritten by a neighbor at the testator's direction. It does not address other potential issues or exceptions to the holographic will statute.

Question 13

"The issue in this case is whether the trial court erred when it denied the motion to dismiss" is an example of an issue stated in the procedural context.

Accepted Answer

The statement clearly identifies the issue in the case and specifies that it pertains to the trial court's decision regarding a motion to dismiss. This is an example of a procedural issue because it pertains to the conduct of the trial and the application of legal procedures, rather than the substantive merits of the case itself.

Question 14

A narrow statement of the issue fails to inform the researcher of the specific factual context of the dispute.

Accepted Answer

The answer of A narrow statement of the issue fails...

Question 15

A broad statement of the issue fails to inform the researcher of the specific factual context of the dispute.

Accepted Answer

A broad statement may provide an overview of the issue, but it does not provide specific details or facts about the situation. This can make it difficult for researchers to fully understand the issue and accurately analyze and interpret data.

Question 16

If the issue is misidentified, malpractice may result because the client is billed for a service not requested.

Accepted Answer

If the issue is misidentified, the service provided may not be what the client requested or needed, leading to incorrect billing and potentially malpractice.

Question 17

The law component of an issue may be a constitutional provision or a common law doctrine.

Accepted Answer

The law component of an issue can be a constitutional provision, which is a written document that outlines the fundamental principles and laws that govern a nation or organization, or a common law doctrine, which is a legal principle that has been established through past court decisions.

Question 18

The identification of the issue determines which direction the research will take.

Accepted Answer

The identification of the issue is a crucial first step in the research process as it determines the research question, objectives, and methods. The research direction will be based on the identified issue.

Question 19

The identification of the issue(s)in a court opinion is a four-step process.

Accepted Answer

The identification of issues in a court opinion does not follow a universally fixed four-step process; the approach can vary depending on the legal system, the specific court, and the nature of the case.

Question 20

The issue(s)may be set out more clearly in a dissenting opinion than in the majority opinion.

Accepted Answer

Dissenting opinions often present alternative arguments and perspectives that may not be fully explored in the majority opinion, thereby clarifying the different issues at stake in the case.

Quiz 3: Issue Identification: Spotting the Issue