Legal issues involve questions about how the law
relates to the facts of the case.
Sometimes the issue involves only the law.
Sometimes it contains only facts.
Sometimes it involves the relationship between the law
and the facts. IDENTIFICATION OF ISSUES
The issues also indicate how the law relates
to the facts of the case because the research is directed towards how the law relates to the particular fact situation.
Note that sometimes there is more than one
issue with lots of sub-issues in a case. ARRANGING THE LEGAL ISSUES IN A LOGICAL ORDER FOR RESEARCH Several Law Professors suggest the following:
“Issues and sub-issues are ordered logically according to
certain rules or organizing principles. You may place issues in the order that the facts occurred (chronologically) or in the order that they would be presented in court. (Claim, Defense, Rebuttal) There are additional organizing principles but all of them are premised on the theory that you should address issues in the order that allows you to avoid redundancies and to do the least in you reasoning.” CLASSIFYING THE PROBLEM As a research shortcut, one must also classify the problem into any of the following major subject fields:
Constitutional Law Statutory Law Administrative Law International Law Case Law Procedural Law
Once the subject field is ascertained, use an authoritative or
trustworthy source. References:
Myrna S. Feliciano, Law Library
Atty. Peter P. Ng, Dr. Philipp U. Po and Atty. Pepito G. Po, Legal Research and Bibliography (2007)