The Facts of the Case and the Issue Question
Elements of the case:
In each case that you are examining, the Project LEGAL method is to
separate the case into the competing parties, the actions that each of the
parties took; the values which the actions of each of the parties support;
and the legal bases for each of the parties' actions.
- Parties:
- The person, group, or organization which came into conflict with
another person, group or organization. The first party listed is that of
the person, group or individual who believes their rights are being violated/abridged. The second
party is the one (usually the state or one of its agencies) who is committing an act against the first party.
- Actions:
- Those events or behavior taken by a party which led to the conflict in
question. (When filling out the actions of the two parties, remember to
phrase them in the form of a gerund. A gerund is a verb which has
an "ing" ending.)
- Values:
- Those things (beliefs, objects, ideas, etc...) which a person
considers important and affects his actions. (When filling out the values
of the parties remember to phrase them in the form of a noun.)
- Legal Bases:
- The Constitutional basis or bases that grants a right or authority to
the parties in support of the actions they have taken. (i.e. the Bill of Rights or the U.S.
Constitution.) (When filling out the legal bases remember to include
all relevant amendments.)
- Now that you have examined the facts for both sides of the
case, you will take some of those elements and put them together to form
the issue question.
- 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,--need not be explicitly stated.
- In entering the information to form the issue question remember that
the action must be in the form of a participle, while the values are
listed as nouns. Be sure to include all relevant amendments when filling
out the legal bases sections.
Here is a sample of what an issue question could
look like, using Brown v. Board of Education:
"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)
Or skip to the reasoning page.