Issue (legal)

From Wikipedia, the free encyclopedia
Jump to: navigation, search

In legal usage, "issue" may mean either a person's lineal descendants, a group of securities offered for sale at the same time, or a point disputed by parties to a lawsuit.[1]

Lineal Descendants[edit]

In genealogy and wills, issue typically means a person's lineal descendants—all genetic descendants of a person, regardless of degree.[2] Issue is a narrower category than heirs, which includes spouses, ancestors, and collaterals (siblings, cousins, aunts, and uncles).[3] This meaning of issue arises most often in wills and trusts.[4]


In corporations and business associations law and securities law, issue means a group of securities offered for sale at the same time, also known as an offering.[5]

Disputed Point[edit]

In evidence as well as civil and criminal procedure, there are issues of fact. Issues of fact are rhetorically presented by statements of fact which are each put to a test: Is the statement true or false?

Often, different parties have conflicting statements of fact. These statements are then presented as alternative questions and justification are presented by proposing evidence in favor or in opposition. Formally the issues follow the template: "This statement is true, and it is true because X (or it is false because Y)."

The list of issues is the list of questions the parties request the court to answer. The court's answers usually must be provided before a legally acceptable date, and the court should give reason when it decides not to answer one or more of the issues presented. Plaintiffs as well as defendants sometimes do not present their issues according to these due process premises, and it is the court that must deduce the probable statements of fact and which are in need of legal answers.

A good defense rests in part in the quality of the rhetoric used in presenting the statement of fact defining the issues.


  1. ^ ISSUE, Black's Law Dictionary (10th ed. 2014).
  2. ^ Glenda K. Harnad, J.D. and Karl Oakes, J.D., Corpus Juris Secundum, Descent and Distribution § 35 (2015)
  3. ^ HEIR, Black's Law Dictionary (10th ed. 2014).
  4. ^ For example, In re Auclair's Estate, 75 Cal. App. 2d 189, 170 P.2d 29 (1st Dist. 1945); Brawford v. Wolfe, 103 Mo. 391, 15 S.W. 426 (1891)
  5. ^ ISSUE, Black's Law Dictionary (10th ed. 2014).