“What is the issue?” “What are the issues?” By now, you have heard these questions so often that they may echo in your head every time you open a casebook. Identifying the issue is the foundation of nearly everything you do in law school and over these past weeks you are building that skill, whether or not you notice it happening.
In the first weeks of the semester, the issue in a case often feels buried somewhere in the pages of your casebook. A case may say “issue” but it may not be the issue you seek. At this time, you may be able to distinguish several issues addressed in a case. You know how to find the issue the case addresses which is the precise legal question the court must answer to resolve the dispute before it. You may note the general issue the case falls under which may be a broader doctrinal topic that explains why the case appears in your casebook at all. This allows you to orient yourself within the course and recognize its organization schema such as how each case builds on the one before it, how the units connect, and how the course as a whole fits together. That understanding is the beginning of a strong outline. You can find additional issues the court considers. The courts may address procedural questions or related points along the way, some of which are essential to the outcome and some of which are not.
In your legal research and writing course, you move from finding issues to framing them yourself. Whether you draft the question presented in a memo or work through another writing assignment, you learn that formulating an issue is a skill of its own. You note that a well-crafted issue does more than ask a question. It identifies the governing law, poses the legal question, and incorporates key facts that make the question difficult. A vague or very general issue may lead to a wondering discussion while a precise one gives your reader and you a clear path through the analysis.
Essay questions add another layer to issue discussion. At this time, you know the difference between issue identified and issue spotter questions. And how to structure your responses to effectively work through questions.
Consider how your case briefs looked in week one versus now, how you are able to work through essay questions more effectively and how you are starting to see the distinctions between what you need to do in each of the different tasks before you. Notice that your progress did not happen by accident but came from reading carefully, showing up prepared, and practicing even when the work feels frustrating. The next time someone asks, “what is the issue?” take a second to appreciate that you know how to answer and that you understand why the question matters so much.
(Goldie Pritchard)
