How to Form an Issue Question

Every case study raises at least one problem or issue which the courts must resolve (decide).

Now that you have identified the facts for both sides of the case, you will take some of those elements and put them together to form the issue question.

  1. Issues should be structured as questions which can be answered clearly by a "yes" or "no". You don't begin questions with "why", "when", "how", "who" or "when"; instead, you use verbs such as "does", "can", or "is".
     
  2. Issue questions should seek to determine whether the actions, values and legal bases of one side should prevail (win out) against the actions, values, and legal bases of the other side. All three elements -- actions, values, legal bases, do not need to be stated explicitly.
     
  3. Remember that the action must be in the form of a participle, and that values are nouns. Be sure to include all relevant amendments when filling out the legal bases sections.
     

Example: The following issue question was created for the landmark Brown v. Board of Education case.

"Does requiring blacks to attend segregated schools 
  (action of the state or school board)

based on Kansas law, school board policy (and the 10th Amendment)
      (legal basis of the state or school board)

violate the Brown family's right to equal protection
				    (action or value)

based on the 14th Amendment?"
	   (legal basis)
If you are still having trouble, scroll to the bottom of the Analysis Page and press the button labeled "Form my Issue Question."  CompuLEGAL will create an issue question from
the facts you entered.