How to Write Strong Statements of Issues

The Statement of Issues identifies the key legal disputes and questions to be resolved in a case. It provides a legal framework for arguments.

Key Principles for Statements of Issues:

• Be concise – Frame issues as specific, narrow questions that can be answered yes/no. Avoid rambling issues.
• Number the issues – Numbering each issue makes your statement organized and easy to follow.
• Focus on disputed issues – Issues should highlight areas of legal controversy requiring resolution, not settled principles.
• Connect issues to facts – Issues should flow logically from the facts and arguments.
• Phrase issues neutrally – Do not advocate for one side in framing the issues.
• Check precedent – Review how prior courts framed similar issues in previous cases.
• Align issues to the standard of review – Appellate issues consider the applicable standards of review.
• Consider responsibility – Frame issues the court can resolve based on briefed arguments. Avoid speculative issues.
• Cross-check consistency – Ensure the framed issues align with the overall arguments.

An effective Statement of Issues provides a legal framework and roadmap for the court to rule in your favour.