1. Chapter 3—Issue Identification
Issue Elements

2. Issue Elements Applicable law
The specific law that governs the dispute—constitutional provision, statute, ordinance, principle, and the like

3. Issue Elements Legal question
The question concerning the law governing the dispute raised by the facts

4. Issue Elements Key facts
The legally significant facts that raise the question of how or whether the law applies

5. Chapter 3—Issue Identification
Issue Identification Client’s Case

6. Issue Identification Client’s Case
Step 1: Identify each type of cause of action and area of law possibly involved.

7. Issue Identification Client’s Case
Step 2: Determine the elements of each cause of action identified in Step 1.

8. Issue Identification Client’s Case
Step 3: Determine which facts of the client’s case apply to establish the elements of each cause of action—the key facts.

9. Issue Identification Client’s Case
Step 4: Assemble the elements of the issue from the law and key facts identified in Steps 2 and 3.

10. Chapter 3—Issue Identification
Issue Identification Court Opinion

11. Issue Identification Court Opinion
Step 1: Read opinion and keep in mind, “What was decided about which facts in this case?”

12. Issue Identification Court Opinion
Step 2: Look to the holding and ask, “What was decided?”; “What law was applied?”; “What facts are necessary to the holding?”

13. Issue Identification Court Opinion
Step 3: Assemble the issue from the elements identified in Step 2.