Issue (legal)
Encyclopedia
In law
, issue can mean several things:
Often, different parties have conflicting statements of fact. These statements are then presented as alternative questions and justification are presented by proposing evidence in favor or in opposition. Formally the issues follow the template "this statement is true and it is true because... (or it is false because) ... ". in legal issues the government has strict rules on these statements.
The list of issues is the list of the questions the parties request the court to answer. The court's answers usually must be provided before a legally acceptable date and the court should give reason when it decides not to answer any of them. Plaintiffs as well as defendants sometimes do not present their issues according to these due process premises and it is the court that must deduce the probable statements of fact and assume what is in need of legal answers.
A good defense rests in part in the quality of the rhetoric used in presenting the statement of fact defining the issues.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, issue can mean several things:
- In willsWill (law)A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
and trustsTrusts and estatesThe law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation of the event of such person's incapacity or death, also known as the law of successions in civil law...
, a person's issue are his or her lineal descendants or offspring. These are distinguished from heirs, which can include other kin such as a brother, sister, mother, father, grandfather, uncle, aunt, nephew, niece, or cousin.
- In corporations and business associations lawCorporate lawCorporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another. Corporate law is a part of a broader companies law...
, issue can refer to areas involving stockStockThe capital stock of a business entity represents the original capital paid into or invested in the business by its founders. It serves as a security for the creditors of a business since it cannot be withdrawn to the detriment of the creditors...
s.
- In evidenceEvidence (law)The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
as well as civilCivil procedureCivil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
and criminal procedureCriminal procedureCriminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
, there are issues of fact. Issues of fact are rhetorically presented by statements of fact which are each put to a test: Is the statement true or false?
Often, different parties have conflicting statements of fact. These statements are then presented as alternative questions and justification are presented by proposing evidence in favor or in opposition. Formally the issues follow the template "this statement is true and it is true because... (or it is false because) ... ". in legal issues the government has strict rules on these statements.
The list of issues is the list of the questions the parties request the court to answer. The court's answers usually must be provided before a legally acceptable date and the court should give reason when it decides not to answer any of them. Plaintiffs as well as defendants sometimes do not present their issues according to these due process premises and it is the court that must deduce the probable statements of fact and assume what is in need of legal answers.
A good defense rests in part in the quality of the rhetoric used in presenting the statement of fact defining the issues.