Issue in United States
Issue Definition
In Real Property Law. Lineal descendants; all persons who have descended from a common ancestor. 3 Ves. 257; 17 Ves. 481; 19 Ves. 547; 1 Rop. Leg. 90. In a will it may be held to have a more restricted meaning, to carry out the testator’s intention. 7 Ves. 522; 19 Ves. 73; 1 Rop. Leg. 90; 173 111. 229; 255 111. 357, 358. See “Heirs of the Body.” -In Pleading. A single, certain, and material point, deduced by the pleadings of the parties, which is affirmed on the one side, and denied on the other. The entry of the pleadings. 1 Chit. PL 630. Several connected matters of fact may go to make up the point in issue. A collateral issue is one framed upon some matter not directly in the line of the pleadings; as, for example, upon the identity of one who pleads diversity in bar of execution. 4 Bl. Comm. 396. A common issue is that which is formed upon the plea of non est factum, to an action of covenant broken. An actual issue is one formed in an action brought in the regular manner, for the purpose of trying a question of right between the parties. A feigned issue is one formed in a fictitious action, under direction of the court, for the purpose of trying before a jury some question of fact. Such issues are generally ordered by a court of equity, for which no jury is summoned, to ascertain the truth of some disputed fact. They are also frequently used in courts of law, by the consent of the parties, to determine some disputed rights without the formality of pleading; and by this practice much time and expense are saved in the decision of a cause. 3 Bl. Comm. 452. Suppose, for example, it is desirable to settle a question of the validity of a will in a court of equity. For this purpose an action is brought, in which the plaintiff, by a fiction, declares that he laid a wager for a sum of money with the defendant, for example, that a certain paper is the last will and testament of A., then avers it is his will, and therefore demands the money; the defendant admits the wager, but avers that it is not the will of A.; and thereupon that issue is joined, which is directed out of chancery to be tried; and thus the verdict of the jurors at law determines the fact in the coUrt of equity. The name is a misnomer, inasmuch as the issue itself is upon a real, material point in question between the parties, and the circumstances only are fictitious. It is a contempt of the court in which the action is brought to bring such an action, except under the direction of some court. 4 Term R. 402.
(1) A formal issue is one which is framed according to the rules required by law, in an artificial and proper manner.
(2) An informal issue is one which arises when a material averment is traversed in an improper or inartificial manner. Bac. Abr. “Pleas” (G 2, N 5) ; 2 Wm. Saund. 319a, note 6.
(3) An issue in fact is one in which the truth of some fact is affirmed and denied. In general, it consists of a direct affirmative allegation on one side, and a direct negative on the other. Co. Litt. 126 a; Bac. Abr. “Pleas” (G 1) ; 2 W. Bl. 1312; 8 Term R. 278; 5 Pet. (U. S.) 149. But an affirmative allegation which completely excludes the truth of the preceding may be sufficient. 1 Wils. 6; 2 Strange, 1177. Thus, the general issue in a writ of right, called the “mise,” is formed by two affirmatives, the demandant claiming a greater right than the tenant, and the tenant a greater than the demandant. 3 Bl. Comm. 195, 305. And in an action of dower, the count merely demands that the third part of [ ] acres of land, etc., as the dower of the demandant of the endowment of A. B., heretofore the husband, etc., and the general issue is that A. B. was not seised of such estate, etc., and that he could not endow the demandant thereof, etc.; which mode of denial, being argumentative, would not, in general, be allowed. 2 Saund. 329.
(4) A general issue is one which denies in direct terms the whole declaration; as, for example, where the defendant pleads ml debet, that he owes the plaintiff nothing, or nul disseisin, no disseisin committed. 3 Greenl. Ev. § 9; 3 Bl. Comm. 305. See “General Issue.”
(5) A special issue is one formed by the defendant’s selecting any one substantial point, and resting the weight of his cause upon that. It is contrasted with the general issue. Comyn, Dig. “Pleader” (R 1, 2).
(6) A material issue is one properly formed on some material point which will, when decided, decide the question between the parties,
(7) An immaterial issue is one formed on some immaterial matter, which, though found by the verdict, will not determine the merits of the cause, and will leave the court at a loss how to give judgment. 2 Wim. Saund. 319, note 6. See “Immaterial Issue.”
(8) An issue in fact is an issue taken upon ‘ or consisting of matter of fact, the fact only, and not the law laeing disputed, and which is to be tried by a jury. 3 Bl. Comm. 314, 315; Co. Litt. 126a; 3 Steph. Comm. 572.
(9) An issue in law is an issue upon matter of law, or consisting of matter of law, being produced by a demurrer on the one side, and a joinder in demurrer on the other. 3 Bl. Comm. 314; 3 Steph. Comm. 572, 580.
Issue in Foreign Legal Encyclopedias
| Link | Description |
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| Issue | Issue in the World Legal Encyclopedia. |
| Issue | Issue in the European Legal Encyclopedia. |
| Issue | Issue in the Asian Legal Encyclopedia. |
| Issue | Issue in the UK Legal Encyclopedia. |
| Issue | Issue in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Issue
Scan Issue in the appropriate area of law:
| Link | Description |
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| Issue | Issue in the Family Law Portal of the American Encyclopedia of Law. |
| Issue | Issue in the IP Portal of the American Encyclopedia of Law. |
| Issue | Issue in the Commercial Law Portal of the American Encyclopedia of Law. |
| Issue | Issue in the Criminal Law Portal of the American Encyclopedia of Law. |
| Issue | Issue in the Antritrust Portal of the American Encyclopedia of Law. |
| Issue | Issue in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Issue | Issue in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Issue | Issue in the Tax Law Portal of the American Encyclopedia of Law. |
| Issue | Issue in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Issue | Issue in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Issue | Issue in the Personal Injury and Tort Portal of t he American Encyclopedia of Law. |
| Issue | Issue in the Environmental Law Portal of the American Encyclopedia of Law. |
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| Issue in the Dictionaries | Issue in our legal dictionaries |
| http://lawi.us/issue | The URI of Issue (more about URIs) |
| Issue related entries | Find related entries of Issue |
Legal Issue for Attorneys
In Real Property Law. Lineal descendants; all persons who have descended from a common ancestor. 3 Ves. 257; 17 Ves. 481; 19 Ves. 547; 1 Rop. Leg. 90. In a will it may be held to have a more restricted meaning, to carry out the testator’s intention. 7 Ves. 522; 19 Ves. 73; 1 Rop. Leg. 90; 173 111. 229; 255 111. 357, 358. See “Heirs of the Body.” -In Pleading. A single, certain, and material point, deduced by the pleadings of the parties, which is affirmed on the one side, and denied on the other. The entry of the pleadings. 1 Chit. PL 630. Several connected matters of fact may go to make up the point in issue. A collateral issue is one framed upon some matter not directly in the line of the pleadings; as, for example, upon the identity of one who pleads diversity in bar of execution. 4 Bl. Comm. 396. A common issue is that which is formed upon the plea of non est factum, to an action of covenant broken. An actual issue is one formed in an action brought in the regular manner, for the purpose of trying a question of right between the parties. A feigned issue is one formed in a fictitious action, under direction of the court, for the purpose of trying before a jury some question of fact. Such issues are generally ordered by a court of equity, for which no jury is summoned, to ascertain the truth of some disputed fact. They are also frequently used in courts of law, by the consent of the parties, to determine some disputed rights without the formality of pleading; and by this practice much time and expense are saved in the decision of a cause. 3 Bl. Comm. 452. Suppose, for example, it is desirable to settle a question of the validity of a will in a court of equity. For this purpose an action is brought, in which the plaintiff, by a fiction, declares that he laid a wager for a sum of money with the defendant, for example, that a certain paper is the last will and testament of A., then avers it is his will, and therefore demands the money; the defendant admits the wager, but avers that it is not the will of A.; and thereupon that issue is joined, which is directed out of chancery to be tried; and thus the verdict of the jurors at law determines the fact in the coUrt of equity. The name is a misnomer, inasmuch as the issue itself is upon a real, material point in question between the parties, and the circumstances only are fictitious. It is a contempt of the court in which the action is brought to bring such an action, except under the direction of some court. 4 Term R. 402.
(1) A formal issue is one which is framed according to the rules required by law, in an artificial and proper manner.
(2) An informal issue is one which arises when a material averment is traversed in an improper or inartificial manner. Bac. Abr. “Pleas” (G 2, N 5) ; 2 Wm. Saund. 319a, note 6.
(3) An issue in fact is one in which the truth of some fact is affirmed and denied. In general, it consists of a direct affirmative allegation on one side, and a direct negative on the other. Co. Litt. 126 a; Bac. Abr. “Pleas” (G 1) ; 2 W. Bl. 1312; 8 Term R. 278; 5 Pet. (U. S.) 149. But an affirmative allegation which completely excludes the truth of the preceding may be sufficient. 1 Wils. 6; 2 Strange, 1177. Thus, the general issue in a writ of right, called the “mise,” is formed by two affirmatives, the demandant claiming a greater right than the tenant, and the tenant a greater than the demandant. 3 Bl. Comm. 195, 305. And in an action of dower, the count merely demands that the third part of [ ] acres of land, etc., as the dower of the demandant of the endowment of A. B., heretofore the husband, etc., and the general issue is that A. B. was not seised of such estate, etc., and that he could not endow the demandant thereof, etc.; which mode of denial, being argumentative, would not, in general, be allowed. 2 Saund. 329.
(4) A general issue is one which denies in direct terms the whole declaration; as, for example, where the defendant pleads ml debet, that he owes the plaintiff nothing, or nul disseisin, no disseisin committed. 3 Greenl. Ev. § 9; 3 Bl. Comm. 305. See “General Issue.”
(5) A special issue is one formed by the defendant’s selecting any one substantial point, and resting the weight of his cause upon that. It is contrasted with the general issue. Comyn, Dig. “Pleader” (R 1, 2).
(6) A material issue is one properly formed on some material point which will, when decided, decide the question between the parties,
(7) An immaterial issue is one formed on some immaterial matter, which, though found by the verdict, will not determine the merits of the cause, and will leave the court at a loss how to give judgment. 2 Wim. Saund. 319, note 6. See “Immaterial Issue.”
(8) An issue in fact is an issue taken upon ‘ or consisting of matter of fact, the fact only, and not the law laeing disputed, and which is to be tried by a jury. 3 Bl. Comm. 314, 315; Co. Litt. 126a; 3 Steph. Comm. 572.
(9) An issue in law is an issue upon matter of law, or consisting of matter of law, being produced by a demurrer on the one side, and a joinder in demurrer on the other. 3 Bl. Comm. 314; 3 Steph. Comm. 572, 580.
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Notice
This definition of Issue Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Resources
See Also
Further Reading (Articles)
Issue by Issue Summary (Posted 2013-02-13 03:25:13) ; an Issue by Issue Look at Obama’s Speech, The Washington Post; February 13, 2013; Sullivan, Sean
Issue by Issue Summary (Posted 2013-02-13 04:24:07) ; an Issue by Issue Look at Obama’s Speech, The Washington Post; February 13, 2013; Sullivan, Sean
Route 772, Near Route 283, Rapho Township Issues: Speed, Impaired Drivers, Curves Landisville Road, Near Junction Road, East Hempfield Township Issues: Speed, Driver Impairment Auction Road, Near Route 72/ Manheim Pike, Penn Township Issue: Speed Route 283, Near Route 772, Rapho Township Issues: Unknown; Not Wearing Belts, Sunday News Lancaster, PA; May 23, 2010
Secretary Husted, Ohio Ballot Board Approve Ballot Language for 2014 May Primary Statewide Issue Ohio Public Works Ballot Issue to Be State Issue 1 and Only Statewide Issue Voters Will Consider in May, States News Service; February 19, 2014
Issues, issues, who has issues?, The Record (Bergen County, NJ); July 11, 2004; RALPH FRASCA, STAFF WRITER;
Carolyn Hax: Issues with Your Issues with Their Issues (Posted 2013- 02-10 18:02:20) ; Had Enough with Your Mom’s Self-Aggrandizing Lies? Then Stop Being around to Hear Them, The Washington Post; February 10, 2013
Carolyn Hax: Issues with Your Issues with Their Issues (Posted 2013- 02-12 00:53:59) ; Had Enough with Your Mom’s Self-Aggrandizing Lies? Then Stop Being around to Hear Them, The Washington Post; February 12, 2013
The Printing of Two (2) Issues of Mas Macroeconomic Review (Mr) Vol XIII (2014) with the Option to Print Up to Two (2) Issues of the 2015 Mr and Up to Two (2) Issues of the 2016 Mr(1100000472-Ead), Mena Report; April 10, 2014
The Changing Face of a Constant Issue: Emerging Privacy Issues Post War Privacy Issues, Journal of Applied Management and Entrepreneurship; January 1, 2004; Johnson, Dewey E. Nguyen, Huy
Becalmed before the storm THE ISSUES THE ISSUES As Labour sent in their big guns and the LibDems wielded their big toothbrush, the SNP kept very quiet last week, writes Iain Macwhirter. But this week, the voters need to hear about the issues that really matter to them, The Sunday Herald; April 8, 2007; Iain Macwhirter
Route 30, Gap Issues: Heavy Traffic, Speed, Alcohol, Crossover Route 741/ Strasburg Road, Between Belmont And Mcilvaine Roads, Paradise Township Issue: Speed Route 340/ Old Philadelphia Pike, Between Old Leacock And Clearview Roads, Intercourse Issues: Unknown; Drivers Crossing Center Line, Sunday News Lancaster, PA; May 23, 2010
ADMINISTRATION FOR CHILDREN AND FAMILIES ISSUES GRANTS NOTICE ON “FAMILY VIOLENCE PREVENTION AND SERVICES DISCRETIONARY GRANTS: NATIONAL AND SPECIAL ISSUE RESOURCE CENTERS – SPECIAL ISSUE RESOURCE CENTER (SIRC)”, US Fed News Service, Including US State News; May 20, 2011
ADMINISTRATION FOR C
HILDREN AND FAMILIES ISSUES GRANTS NOTICE ON “FAMILY VIOLENCE PREVENTION AND SERVICES DISCRETIONARY GRANTS: NATIONAL AND SPECIAL ISSUE RESOURCE CENTERS – CULTURALLY SPECIFIC SPECIAL ISSUE RESOURCE CENTER (CSIRC)”, US Fed News Service, Including US State News; May 20, 2011
WHAT WOMEN’S ISSUES? ; ALL ISSUES ARE WOMEN’S ISSUES, SO CUT THE ELECTION-TIME INSULT
The Columbian (Vancouver, WA); October 7, 2000; Manon McKinnon is an independent journalist who writes about a broad range of public policy issues affecting women and men., Readers may write to her by e
Domestic violence is not a women’s issue or a men’s issue, but a relationship issue ; The view that men are more likely to be violent to women is not supported by international research, contends Kieran McKeown, The Irish Times; February 8, 2002
Human Rights Council Discusses Minority Issues and Holds General Debate on Its Subsidiary Bodies Council Holds Interactive Dialogue with the Independent Expert on Minority Issues, Hears Presentation of the Recommendations of the Forum on Minority Issues at Its Sixth Session, States News Service; March 19, 2014
Rep. Kelly: “This Is Not a Republican Issue or a Democrat Issue. This Is a Fairness Issue.”, States News Service; October 7, 2013
CITY PLANNERS SUMMIT TO WORK OUT DEVELOPMENT ISSUES PLANNING AGENCIES TO SUMMIT BOARDS TO WORK OUT DEVELOPMENT ISSUES PLANNING PANELS MEET ON DEVELOPMENT ISSUES, The Boston Globe (Boston, MA); June 6, 2002; John Laidler, Globe Correspondent
Sherard knows health care; pick her in Senate 6 ; the issue: With health care becoming an ever-larger issue in the Legislature, it would be wise to have members who understand the issue., Wyoming Tribune-Eagle (Cheyenne, WY); October 31, 2008
ROADS TOP CONCERN; EXCLUSIVE POLICE POLL SPECIALTACKLING ISSUES THAT MEAN MOST TO YOU Safety Voted as Priority in Our Poll POLICE POLL SPECIALTACKLING ISSUES THAT MEAN MOST TO YOU Police Chief Vows to Make Changes POLICE POLL SPECIALTACKLING ISSUES THAT MEAN MOST TO YOU, Daily Record (Glasgow, Scotland); August 1, 2013
Issue Definition in the context of the Federal Court System
A disputed point between parties in a lawsuit. (2) To send out officially, as in a court issuing an order.
Issue Attention Cycle in the International Business Landscape
Definition of Issue Attention Cycle in the context of U.S. international business and public trade policy: The phases through which a public policy issue passes as it moves toward public visibility and prominence.
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