Legal Definitions - a issue

The legal term a issue (pronounced "at issue") refers to the central point of disagreement or the main question that needs to be resolved in a legal dispute. It identifies the specific fact or legal principle that the parties contest and that the court or jury must decide in order to reach a verdict or judgment.

• Example 1: Contract Dispute

  Imagine a construction company suing a homeowner for unpaid services. The homeowner claims the work was not completed according to the agreed-upon specifications, while the company insists it fulfilled all contractual obligations. In this scenario, whether the construction work met the contractual specifications is a issue. The court will focus on presenting evidence and arguments related to this specific point to determine who is correct.

• Example 2: Criminal Trial

  Consider a criminal case where a person is accused of theft. The prosecution presents evidence that the defendant was seen leaving the store with merchandise without paying. The defense, however, argues that the defendant had permission from a store employee to take the items. Here, whether the defendant had permission to take the merchandise is a issue. The jury's decision on this specific fact will be crucial to determining guilt or innocence.

• Example 3: Child Custody Case

  In a divorce proceeding involving children, both parents might agree on the divorce itself but disagree on who should have primary physical custody. One parent might argue they can provide a more stable home environment, while the other claims they are better equipped to meet the children's educational needs. The question of which parent's home would serve the children's best interests for primary physical custody is a issue. The court will gather information and hear arguments specifically on this point to make a decision.