Legal Definitions - special issue

A special issue refers to a specific, focused question of fact that a judge or jury must answer during a trial. Unlike a general verdict (such as "guilty" or "not guilty"), a special issue requires a precise finding on a particular aspect of the case. The answers to these specific questions help the court determine the legal rights and responsibilities of the parties involved or guide the final judgment.

Here are some examples:

• Example 1: Car Accident Liability

  In a lawsuit following a car accident, the jury might be asked to decide a special issue: "Did Driver X fail to apply their brakes in a timely manner, contributing to the collision?"

  This example illustrates a special issue because the jury isn't simply deciding who was at fault overall. Instead, they must make a specific factual finding about whether a particular action (timely braking) occurred or failed to occur. This answer directly impacts the determination of negligence and liability in the case.

• Example 2: Contract Dispute Over Performance

  A company sues a software developer for failing to deliver a project on time. The contract included a clause about "reasonable efforts" to meet deadlines. A special issue for the jury could be: "Did the software developer exert reasonable efforts to complete the project by the agreed-upon deadline, considering the unforeseen technical challenges encountered?"

  This demonstrates a special issue because the jury is not just deciding if the contract was breached. They are specifically asked to evaluate a factual standard ("reasonable efforts") in light of particular circumstances (technical challenges) to determine if the developer fulfilled their contractual obligation, which will then inform the judge's final ruling on breach of contract.

• Example 3: Property Boundary Dispute

  Two neighbors are in court over the exact location of their shared property line, which affects where a new fence can be built. A special issue presented to the judge (acting as the fact-finder) might be: "Based on the submitted surveys and historical deeds, is the true property boundary located along the existing hedge row, or 5 feet to the east of it?"

  This illustrates a special issue because the judge needs to make a precise factual determination about the physical location of the boundary. This specific finding of fact is crucial for resolving the overall property dispute and allowing the neighbors to proceed with their plans, rather than just issuing a general ruling about who "owns more land."