Knowing the Applicable

Law or Rule
Steps

• 1. Identify the general nature of the legal dispute involved

• 2. Having become familiar with the facts of the case, search for legal
precedents that have more or less parallel facts.

• 3. Match the applicable laws or rules with the relevant facts of your
case.

• 4. Re-examine your facts.

Getting into the Issues
ISSUES IN MULTIPLE LEGAL DISPUTES

• There are however times when multiple legal disputes

could converge into one controlling issue.
• Ex. Solis, a music composer, claims that his friend
Gomez stole his song and sold it to a record company.
Gomez’ denial of the claim would constitute the first
legal dispute. Gomez on the other hand claims that it
was Solis who tried to steal the song from him. Solis’
denial of the claim would create the second legal
dispute.
• All the disputes would depend on one controlling issue:
whether or not, Solis or Gomez, created the song.
SUBORDINATE CONTROLLING ISSUES

• There are times, the resolution of the principal issue in a case

depends on how a subordinate issue raised in connection with it is
resolved.
• Ex. Pacita, relying on advertisements on the benefits of a facial cream
called Maxim, bought and used it, however she developed rashes that
left scars on her face. She sued Maxim & Co. claiming that they had
violated her right to buy safe products. Maxim denied this claim and
alleged that she was forewarned of the risks through the label of the
container.
• Principal Issue: whether or not Maxim violated Pacita’s right to be
sold only safe products.
• Subordinate Issue: whether or not Maxim has the right to market
cosmetic markets that could cause harmful allergy to some,
provided that the product label discloses this risk.
RELEVANT AND IRRELEVANT ISSUES

• Only issues that when resolved determine the

outcome of the legal dispute are relevant to the
case.
• Irrelevant issues have no value in a case even if they
are debated and resolved since they are of no
consequence to the outcome of the legal dispute.
• One must distinguish between relevant and
irrelevant issues , dropping the irrelevant and
focusing only on the relevant .
How to spot an issue?

• There is an issue when the contending parties do

not agree on a given point.
• Take note of what the parties agree on. Take note
of what they disagree on to come up with a list of
all issues.
Formative Assessment #8

• 1. Whether or not Ronald was Julia’s suitor?

• 2. Whether or not she ignored him at the party because
she disliked him?
• 3. Whether or not she walked home alone from the
party?
• 4. Whether or not Ronald caught up with her on the
ricefield and grabbed her?
• 5. Whether or not Ronald raped Julia, employing force
and intimidation?
• 6. Whether or not Julia was prompted by a genuine desire
for justice in filing the charge of rape against Ronald?
Formative Assessment #8

• 1. Whether or not Ronald was Julia’s suitor?

• 2. Whether or not she ignored him at the party because
she disliked him?
• 3. Whether or not she walked home alone from the
party?
• 4. Whether or not Ronald caught up with her on the
ricefield and grabbed her?
• 5. Whether or not Ronald raped Julia, employing force
and intimidation?
• 6. Whether or not Julia was prompted by a genuine desire
for justice in filing the charge of rape against Ronald?
Formative Assessment #8

• 1. Whether or not Ronald was Julia’s suitor?

• 3. Whether or not she walked home alone from the

party?
• 4. Whether or not Ronald caught up with her on the
ricefield and grabbed her?
• 5. Whether or not Ronald raped Julia, employing force
and intimidation?
• 6. Whether or not Julia was prompted by a genuine desire
for justice in filing the charge of rape against Ronald?
Formative Assessment #8

• 1. Whether or not Ronald was Julia’s suitor?

• 5. Whether or not Ronald raped Julia, employing force

and intimidation?
FACTUAL AND LEGAL ISSUES

• An issue is factual when the contending parties

cannot agree that a thing exists or has actually
happened.
• An issue is legal when the contending parties
assume a thing exists or has actually happened but
disagree on its legal significance or effect on their
rights.
CORRECT STATEMENT OF THE ISSUES

• 1. Prefacing an issue with ‘whether or not’ incorporates the

opposing views and makes for a fair statement of the issue.
• 2. Issue are stated in terms of what the
plaintiff/petitioner/complainant claims the fact to be (e.g. w/n
Ronald raped Julia and not w/n Ronald did not rape Julia). As a
general rule, issues are defined in terms of affirmative claims.
• An exception would be when the defendant admits to the facts
constituting the claims against him, but interposes a defense.
• 3. The statement of the issue must be fair and not slanted in
favor of any party.
• 4. The statement of the issue should also be comprehensive,
leaving no relevant point outside its embrace.
CORRECT STATEMENT OF THE ISSUES

• 5. The statement of the issue must be specific and clear.

• For example, the statement of the issue, “whether or not the law is valid” is
too ambiguous.
• An example of a more specific statement would be, “whether or not the
Bouncing Checks Law violates the constitutional right against being
imprisoned for non-payment of debt”.
• 6. Capture in your statement of the issue, the gist or essence of the specific
violation of right that the defendant committed.
• “Whether or not the debtor is liable to the creditor?” (x)
“Whether or not the debtor unjustly refused to pay his debt under a
promissory noted that he issued in favor of the creditor?”(/)
• “Whether or not the respondent building official violated RA 3019?” (x)
“Whether or not respondent violated RA 3019 when he issued to the owner
an occupancy permit for a building that has inadequate fire exits?” (/)
THRESHOLD ISSUES

• Threshold issues are those that could slam the door

to any judicial consideration of the case on its
merits. (usually on issues of jurisdiction)

• Brought about in a motion to dismiss in a civil action

or a motion to quash in a criminal action
THANK YOU