Written by attorneys · grounded in primary & secondary sources — see below
A procedural state reached when the parties' pleadings have framed one or more disputed points of fact or law for decision.
Sources & Authorities· 37 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Unreleased Lien Clouds Sale
Amelia Amari contracted to buy land from Anthony Arnold. An unreleased mortgage lien remained of record. At closing the parties disputed whether the lien rendered title unmarketable. The buyer refused to perform until the seller cured the defect.
Warrant Particularity Dispute
Officers obtained a warrant listing only a warehouse address. The owner moved to suppress seized tools. The parties joined on whether the warrant satisfied the Fourth Amendment's particularity requirement for items to be seized.
Lay Opinion Helpfulness Challenged
Alexandra Armstrong, a non-expert witness, offered an opinion about a vehicle's speed. The opponent objected that the opinion would not help the jury decide a fact in issue. The court evaluated the testimony under the helpfulness standard.
During a proceeding Andre Antoine's lawyer referenced a party's age when arguing credibility. The judge considered whether the reference was legitimate under the rule allowing discussion of listed factors when relevant to an issue.
Frivolous Claim Filing
Adrian Aguilar filed a complaint containing claims with no basis in law or fact. Opposing counsel moved for sanctions. The court examined whether the lawyer had a non-frivolous basis for asserting the issues raised.
Class Gift to Issue
A conveyance named a class of issue of two persons who might become husband and wife. After the life tenants died the court determined distribution among living class members under the applicable intestacy rules.
Common questions
Frequently Asked
3
What does it mean when a case is said to be at issue?+
The pleadings have closed and the parties have framed one or more disputed points of fact or law that require resolution by the court or jury.
How does a title defect place marketability at issue in a real estate contract?+
An unreleased lien or other cloud creates a reasonable doubt that a prudent purchaser would accept, allowing the buyer to rescind if the seller cannot cure by closing.
When is a Fourth Amendment issue joined in a suppression motion?+
The parties dispute whether a warrant satisfied the particularity requirement or whether officers' conduct was reasonable under the circumstances presented.
5 U.S. (1 Cranch) 137 (1803)Property
…February 24, 1803 - Judges: Chief Justice Marshall Syllabus The Supreme Court of the United States has not power to issue a mandamus to a Secretary of State of the United States, it being an exercise of original jurisdiction not warranted by the Constitution. Congress have not power to give original…
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