HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
surface issue
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A quick definition of surface issue:
A surface issue is a problem or disagreement between two or more parties that is stated in a simple sentence without many details. It is a superficially stated issue that usually starts with the word "whether." In contrast, a deep issue is the fundamental question that a court needs to answer to decide a point of law. An issue of fact is a point supported by one party's evidence and disputed by another's, while an issue of law is a point on which the evidence is undisputed, and the outcome depends on the court's interpretation of the law.
A more thorough explanation:
A surface issue is a point in dispute between two or more parties that is superficially stated in a single sentence, without many facts, and usually beginning with the word "whether". It is a simple and straightforward issue that does not delve into the fundamental problem at hand.
- Whether the defendant breached the contract by failing to deliver the goods on time.
- Whether the plaintiff was injured as a result of the defendant's negligence.
These examples illustrate how a surface issue is phrased in a single sentence and does not provide much detail or context. It is a basic question that needs to be answered in order to move forward with the case, but it does not address the deeper underlying issues.