statement of facts; (b) State the principal issue; (c) Cite the law to support the principal issue. Triad. Deadline is July 5.
A, B, and C were accused of murder. C turned
state witness and was discharged from the information. Among the evidence presented was C’s extrajudicial confession during th custodial investigation implicating A and B, who he said was with him when they murdered D. C’s extrajudicial confession was executed without the presence and presence of counsel. Triad. Deadline is July 5.
A issued a promissory note payable to B or
bearer. A delivered the note to B who endorsed it to C. C placed the note in his desk drawer; D stole the note and endorsed the note to E by forging C’s signature. D endorsed the note to E who delivered it to F, a holder in due course, without endorsement. What is a legal issue? There is a legal issue when one party complains of a violation of his/her right by another, who denies such a violation.
Elements: (1) existence of a legal right; (2) violation
of a legal right; (3) denial of the violation of a legal right
It is the denial of violation that tenders a legal issue.
Principal Issue
The legal dispute stated as a legal issue provides the
principal issue. The case will be decided based on the principal issue. The arguments to persuade the court is based on their relevance to the principal issue. What is the principal issue?
A, a Filipino, executed a will in Kuwait while he was there as a
contract worker. Assume that under the laws of Kuwait, it is enough that the testator affix his signature in the presence of two witnesses and that the will need not be acknowledged before a notary public. A. Can a Filipino execute a will in Kuwait? B. May the will be probated in the Philippines? C. Should a will be acknowledged before a notary public? Principal legal Issue
Answer is B. May the will be probated in the
Philippines? Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. [Lex loci celebrationis] What is the principal issue?
A came into possession of an old map showing where a crate of gold
bullion was hidden. Without any authority from the government, A conducted a search and found the treasure buried in a new river bed formerly part of a parcel of land owned by spouses B and C. The old river bed which used to cut through the land of the spouses D and E changed its course through natural causes. a) Is A’s possession of an old map valid? b) Can B and C claim the treasure found in a parcel of land they used to own? c) Can A claim possession of the treasure? Principal legal issue
Answer is C. A cannot own the treasure. All will
go to the State. Par. 2 ofArticle 438, Civil Code. xxx one-half thereof shall be allowed to the finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure. Subordinate Controlling legal issue
The resolution of the principal issue depends on
how the subordinate issue raised in connection with it is resolved. What is the subordinate controlling issue?
X Cosmetics advertised the benefits of CooCoo
eye cream to remove eye crow feet. A bought the cream from SML Department Store and used it. She developed rashes that left tiny scars under her eyes. A sued X Cosmetics for damages; X Cosmetics invoked the small print on the label of the cream that warned against possible allergies with the use of CooCoo eye cream. Principal issue: Whether or not X Cosmetics violated A’s right to be sold safe products. Subordinate controlling issue: Whether or not X Cosmetics has the right to sell cosmetic products that may cause allergies to some users, provided however that the product label discusses the risk. Principal Issue and Subordinate Controlling Issue
X composed a song. Y claimed it as his own and
sold it to a Z Records. Sarah G. sang the song, which turned platinum in two months. X called Y a thief of intellectual property. Y denied this and claimed that it was X who stole the song from him. Furthermore, Y claimed that that lawsuit was malicious. Multiple Issues What is the principal issue?
First Issue: Did Y steal the song from X?
Second Issue: Did X malign Y as a thief of intellectual property? Third Issue: Did X steal the song from Y? Fourth issue: Did X file a malicious lawsuit against Y? The principal issue is the controlling issue
The principal issue which is the
controlling issue is whether X or Y composed the song.