Legal Definitions - stock issue

A stock issue refers to a standard, recurring, and often essential question or point of contention that typically arises in a particular type of legal case, argument, or debate. These are the fundamental elements that a party usually needs to address, prove, or disprove to succeed in their claim or defense. They represent the predictable core arguments that are almost always relevant to a specific legal situation.

Here are some examples to illustrate this concept:

• Breach of Contract Lawsuit

  Imagine a small business sues a supplier for failing to deliver a critical component on time, causing the business to lose revenue. In this type of case, the court will almost certainly examine several stock issues:

  • Was there a valid and enforceable contract between the business and the supplier?
  • Did the supplier fail to perform their obligations as specified in the contract (i.e., commit a breach)?
  • Did this breach directly cause financial harm or damages to the small business?

  Explanation: These three questions are the fundamental, predictable points that must be addressed and proven by the plaintiff in nearly any breach of contract lawsuit. They are the "stock" elements that form the basis of such a claim.

• Personal Injury Claim (Negligence)

  Consider a situation where a shopper slips and falls on a wet floor in a supermarket, sustaining an injury. To prove the supermarket was negligent, the shopper's legal team will typically need to address the following stock issues:

  • Did the supermarket owe a duty of care to its customers (e.g., to maintain a safe environment)?
  • Did the supermarket breach that duty (e.g., by failing to clean up a spill promptly or warn customers)?
  • Did that breach directly cause the shopper's injury?
  • What are the damages (e.g., medical bills, lost wages) suffered by the shopper?

  Explanation: These four elements are the foundational "stock issues" that must be established to prove negligence in most personal injury cases. Without addressing each of these, the claim is unlikely to succeed.

• Criminal Defense (Self-Defense)

  Suppose an individual is charged with assault, but claims they acted in self-defense. When this defense is raised, the prosecution and defense will typically focus on several stock issues:

  • Did the defendant reasonably believe they were in imminent danger of bodily harm?
  • Was the force used necessary to protect themselves from that danger?
  • Was the force used proportionate to the perceived threat?

  Explanation: When self-defense is asserted, these are the common, "stock" questions that a jury or judge will consider to determine if the defendant's actions were legally justified. The defense must present evidence on these points to support their claim.