If you frame the issue badly, the rest of the document fights uphill. The statement of issues tells the court what decision you want, what question controls the outcome, and what facts the question turns on.
This page gives you a method to draft a statement of issues that is narrow, answerable, and aligned with the standard of review.
Statement of issues: make it answerable, not impressive
An issue is not a paragraph of background. It is a question the court can answer in one sentence. When you get it right, your argument section almost outlines itself.
- Keep it tight: One disputed point per issue. If you need and, you probably have two issues.
- Build in the test: Use the elements or the legal standard as the skeleton of the question.
- Tie it to the record: Include the decisive fact trigger, not every fact.
How to draft issues from a judgment or case file
Start with case briefing, not with drafting. A clean brief shows you what the court decided and why, which is the quickest way to see what is still open to argue.
Use briefing and analyzing a case to extract the holding and the ratio. Then convert that into an issue that fits your procedural posture.
Common mistakes that weaken the issue statement
Most weak issue statements fall into one of three patterns: too broad, too factual, or too loaded. Fixing them is usually about cutting words, not adding them.
- Too broad: Whether the trial court erred without saying how or on what legal standard.
- Too factual: A timeline disguised as a question, with no legal test inside it.
- Too loaded: Adjectives and conclusions that belong in the argument, not in the issue.
Use the issue statement to control structure
Once the issues are clear, your structure becomes easier to manage. Each issue should map to one argument section, one conclusion, and a set of headings that state your point first. For a framework you can apply across documents, see analysis and organization.
CTA: Get your issue statement tightened before you draft
If you want a fast review of whether your statement of issues is narrow, record-tied, and aligned with the standard of review, send your draft issues and a short case summary. Contact us via statement of issues review and mention your forum and deadline.