Legal Definitions - issue

The term "issue" has two distinct meanings in legal contexts, depending on whether it refers to a point of disagreement or to a family lineage.

1. A Point of Dispute

In its most common legal sense, an issue refers to a specific point of disagreement or a question that needs to be resolved between parties in a legal proceeding or negotiation.

• Example 1: Contract Dispute

  Two businesses are in a dispute over a software development contract. One company claims the software delivered did not meet the agreed-upon specifications, while the other insists it did. The central issue in their disagreement is whether the software fulfilled the contractual requirements.

  Explanation: This example illustrates "issue" as the core question or point of contention that the parties need to resolve, potentially through negotiation or litigation.

• Example 2: Personal Injury Lawsuit

  In a lawsuit following a car accident, the plaintiff claims they suffered a back injury due to the defendant's negligence. The defendant argues that the plaintiff's back pain existed prior to the accident and was not caused by their actions. The issue here is the causation and extent of the plaintiff's alleged injury.

  Explanation: Here, "issue" identifies the specific factual or legal question (causation of injury) that the court or jury must decide to determine liability and damages.

2. Lineal Descendants (in Trusts and Estates)

In the specialized area of trusts and estates law, issue refers to all direct lineal descendants of an individual. This includes children, grandchildren, great-grandchildren, and so on, down through the generations.

• Example 1: Will Provision

  A will states, "I leave my entire estate to my surviving issue, per stirpes." This means that the estate will be distributed among the person's children, and if any child has passed away, their share will go to their own children (the testator's grandchildren), and so forth down the family line.

  Explanation: In this context, "issue" encompasses all direct descendants, ensuring that the inheritance passes down through the family tree, even if a generation is skipped due to a prior death.

• Example 2: Trust Agreement

  A trust agreement specifies that upon the death of the primary beneficiary, the remaining assets are to be distributed equally among the beneficiary's living issue. If the beneficiary had three children, and one of those children had two children of their own (the beneficiary's grandchildren), then all of these individuals would be considered the beneficiary's issue for the purpose of receiving trust distributions.

  Explanation: This demonstrates how "issue" is used in a trust to define the group of direct descendants who are eligible to receive benefits from the trust.