Issue – a material point or question arising out of the pleadings in a case, which is disputed by the parties and which they wish the court to decide

issue:
n. (16c)

1. Securities offered for sale at a particular time, either to the public or privately, but a corporation or by government; an officer.  EXAMPLES: corporate stock (a stock issue); municipal bonds (a bond issue).  See and compare private offeringpublic offering.

2. Under the Uniform Commercial Code, the first delivery of a negotiable instrument to anyone by its maker or drawer for the purpose of giving rights in the instrument.

3. A material point or question arising out of the pleadings in a case, which is disputed by the parties and which they wish the court to decide.  See and compare issue of factissue of law. See also at issuejoinder of Issue.

4. All persons who are descendants of one ancestor, including all future descendants.  However, when used in a will, “issue” will be taken to mean children or grandchildren, or all living descendants, if that is the testator’s clear intention. “Issue” may or may not include adopted children, depending upon state law.

issue:
verb

1. To come from; to come out; to come out of; to put out; to bring out; to distribute; to give out. USAGE: “the corporation will issue stock tomorrow”; “he requested that the court issue its decision.” [1]

1. A point in dispute between two or more parties.  *  In an appeal, an issue may take the form of a separate and discrete question of law or fact, or a combination of both. [2]

     Excerpt from C.J.S.’s Federal Civil Procedure § 357, at 541 (1960):

     “In federal civil procedure, an issue is a single, certain, and material point arising out of the allegations and contentions of the parties; it is matter affirmed on one side and denied on the other, and when a fact is alleged in the complaint and denied in the answer, the matter is then put in issue between the parties. [3]

collateral issue:
(18c)

1. A question or issue not directly connected with the matter in dispute.

surface issue:
(1938)

1. A superficially stated issue phrased in a single sentence, without many facts, and usually beginning with the word whether.  Cf. deep issue.

deep issue:
(1944)

1. The fundamental issue to be decided by a court in ruling on a point of law.  *  A deep issue is usually briefly phrased in separate sentences, with facts interwoven (in chronological order) to show precisely what problem is to be addressed.  Cf. surface issue. [2]

     Excerpt from Bryan A. Garner’s The Winning Brief 56 (2d ed. 2004):

     “Essentially, a deep issue is the ultimate, concrete question that a court needs to answer to decide a point your way.  Deep refers to the deep structure of the case -not to deep thinking.  The deep issue is the final question you pose when you can no longer usefully ask the follow-up question, ‘And what does that turn on?’ [4]

general issue:
(16c)

l. A plea (often a general denial) by which a party denies the truth of every material allegation in an opposing party’s pleading.

2. The issue arising from such a plea. [2]

     Excerpt from Benjamin J. Shipman’s Handbook of Common-Law Pleading (Henry Winthrop Ballantine ed., 3d ed. 1923):

     “The general issue is a denial of the legal conclusion sought to be drawn from the declaration. It denies by a general form of expression the defendant’s liability, and enables the defendant to contest, without specific averments of the defense to be asserted, most of the allegations which the plaintiff may be required to prove to sustain his action, and in some actions to raise also various affirmative defenses. it fails to perform the functions of pleading, either in giving notice or in reducing the case to specific issues. [5]

immaterial issue:
(18c)

1. An issue not necessary to decide the point of law.  

material issue:
(17c)

1. An issue that must be decided in order to resolve a controversy.  *  The existence of a material issue of disputed fact precludes summary judgment. 

informal issue:
(18c)

1. Rare. An issue that arises when a defendant does not properly or fully plead in answer to a material allegation.

issue of fact:
(17c)

1. A point supported by one party’s evidence and controverted by another’s. — aka fact issue; question of fact; factual issue.

Issue of Law – a point on which the evidence is undisputed, however the parties disagree on the the law’s interpretation of the particular issue, and therefore they must rely on the court’s discretion.

legal issue:
(17c)

l. A legal question, usu. at the foundation of a case and requiring a court’s decision; QUESTION or LAW (1). — aka issue of law; question of law.

2. See issue of law.

question of law:

1. An issue to be decided by the judge, concerning the application or inter relation of the law <a jury cannot decide questions of law, which are reserved for the court>.  See legal issue under ISSUE (1). 

multifarious issue:
(1848)

1. An issue that inquires about several different points (esp. facts) when each one should be inquired about in a separate issue.

rights issue:

1. See rights offering under OFFERING.

rights offering:
(1950)

1. An issue of stock-purchase rights allowing shareholders to buy newly issued stock at a fixed price, usually below market value, and in proportion to the number of shares they already own. — aka privileged subscriptionrights issuescrip issue.

special issue:
(17c)

1. At common law, an issue arising from a specific allegation in a pleading.  *  Special issues are no longer used in most jurisdictions.

2. See special interrogatory under INTERROGATORY.

special interrogatory:
(18c)

1. A written jury question whose answer is required to supplement a general verdict.  *  This term is not properly used in federal practice, which authorizes interrogatories and special verdicts, but not special interrogatories. Fed. R. Civ. P. 49.  The term is properly used, however, in the courts of some states. — aka special issue.

ultimate issue:
(17c)

1. A not yet decided point that is sufficient either in itself or in connection with other points to resolve the entire case. — aka ultimate question.

2. Securities. A class or series of securities that are simultaneously offered for sale. — aka bond issue, stock issue.  See OFFERING.

bonus stock issue:
(1903)

1. An issue of free shares to existing members of a corporation.  *  The power to issue these shares is normally granted in the corporate charter or constitution.

b hot issue. (1962) A security that, after an initial or secondary offering, is traded in the open market at a sub« stantially higher price. -Also termed hot stock.

> new issue. A stock or bond sold by a corporation for the

first time, often to raise working capital. See BLUE-SKY LAW.

b original issue. The first issue of securities of a particular type or series.

> shelf issue. (1985) An issue of securities that were previously registered but not released at the time of registration.

3. Wills e6» estates. Lineal descendants; offspring.

r issue female. (16c) 1. Female descendants. 2. A female whose descent from a specified ancestor is traceable through the direct female line. See tail female under

TAIL.

> issue male. (16C) 1. Male descendants. 2. A male whose descent from a specified ancestor is traceable through the direct male line. See tail male under TAIL.

> lawful issue. (16c) Descendants, including descendants more remote than children. 0 At common law, the term included only those who were children of legally recognized subsisting marriages. See DESCENDANT; HEIR.

4. Commercial law. The first delivery of a negotiable instrument by its maker or holder.

issue, vb. (14c) 1. To accrue <rents issuing from land> 2. To be put forth oflicially <without probable cause, the search warrant will not issue> 3. To send out or distribute officially <issue process> <issue stock>. ~issuance, n.

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[2] Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[3]: 35A C.J.S. Federal Civil Procedure § 357, at 541 (1960)

[4]: Bryan A. Garner, The Winning Brief 56 (2d ed. 2004).

[5]: Benjamin J. Shipman, Handbook of Common-Law Pleading § 169, at 304 (Henry Winthrop Ballantine ed., 3d ed. 1923).

******************************************

Back to Essential Terminology

Intro to U.S. Law

Legal Precepts Adopted (from Europe) into The U.S. Constitution

§ § of Law Embedded into the Constitution Pursuant to the American Revolution

Indian Country Law

Federal Rules of Procedure

Like this website?

Please Support Our Fundraiser

or donate via PayPal:

  • please set some widgets to show from Appearance -> Widgets.

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
Like to offer financial support?
Email [email protected].
We look forward to hearing from you!

Disclaimer and Terms of Service

Last updated: November 23, 2017

     Read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://reunitethestates.org website (the “Service”) operated by Wild Willpower (“us”, “we”, or “our”).

     Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

     By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Service

      This webpage constitutes a grassroots attempt to make the justice system more accessible for the average civilian. Information throughout this page does not constitute legal advice, nor should it be construed a replacement thereof. The information contained on this website is for informational purposes only.  Some information may be incorrect or out of date.  The author assumes no responsibility or liability for any errors or omissions in the content of this site. The information contained in this site is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness. We make no representation or warranty with respect to the information on this site. This webpage is being broadcast for First Amendment purposes, and represents a good-faith attempt to assist fellow civilians in finding justice for when they cannot find help from an attorney or from government agencies.  Our use of all content is being used explicitly for noncommercial purposes, and is protected in accord with Fair Use laws. To help us improve the website, or to point out somewhere it may need fixed or amended, email [email protected].  By continuing to read this website, you are thereby using our Service, within the scope and understanding as defined here.

Changes

     We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  What constitutes a material change will be determined at our sole discretion.

     By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, yet continue to use our Service, you agree that Wild Willpower PAC nor its officers may be held liable for any actions taken or misunderstandings on your part; do not use this website as your sole source of law-related information.

Accounts

     When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

     You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

     You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

     The  Service and its original content, features and functionality (the layout and manner in which information is arranged) are and will remain the exclusive property of Wild Willpower and its licensors, and may be sold or transferred at any time.

Limitation of Liability

     Wild Willpower PAC is committed to providing high-quality products and services to our users. However, we understand that unforeseen circumstances may arise, and we want to ensure that our users are aware of the limitations of our liability.

    In no event shall Wild Willpower PAC or its affiliates, directors, officers, employees, agents, or suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of our products or services, including but not limited to damages for loss of profits, use, data, or other intangible losses.

     Our liability is limited to the extent permitted by law, and in no event shall it exceed the amount paid by the user for the product or service in question. This limitation of liability applies regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

    By using our products or services, you acknowledge and agree to this limitation of liability. If you do not agree with this limitation, your only remedy is to discontinue the use of our products and services.

Limitation of Damages

    Wild Willpower PAC values its users and strives to provide the best possible products and services. However, in the event of unforeseen circumstances, we want to make sure our users are aware of the limitations of our liability.

    In no event shall Wild Willpower PAC or its affiliates, directors, officers, employees, agents, or suppliers be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in any way connected with the use of our products or services, even if we have been advised of the possibility of such damages.

     Our liability is limited to the extent permitted by law and shall not exceed the total amount paid by the users for the product or service in question. This limitation of damages applies whether the claim is based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory.

    In no event shall Wild Willpower PAC be liable for any damages arising from the use of third-party products or services, including but not limited to those provided by our partners or affiliates.

    By using our products or services, you acknowledge and agree to this limitation of damages. If you do not agree with this limitation, your only remedy is to discontinue the use of our products and services.

    This limitation of damages statement is intended to be enforceable to the fullest extent permitted by applicable law, and if any portion of this limitation is deemed invalid or unenforceable, the remainder of the limitation shall remain in full force and effect.

Forum

     This agreement shall be governed by and construed in accordance with the laws of the State of Iowa and the United States of America. Any legal action or proceeding arising out of or related to this agreement shall be brought exclusively in federal or state courts located in Iowa, and each party irrevocably consents to the jurisdiction of such courts for the purpose of any such action or proceeding.

Links To Other Web Sites

     Our Service may contain links to third-party web sites or services that are not owned or controlled by Wild Willpower.

     Wild Willpower has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Wild Willpower shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

     We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

     We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

     Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

     All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

     Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

     These Terms shall be governed and construed in accordance with the laws of United States and the State of Iowa.

     Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Severability

   If any portion of this Disclaimer and/or Terms of Use are deemed unenforceable, that shall not affect any other part of this Agreement. The unenforceable or illegal portion will be deemed deleted, and the Terms remaining shall remain valid and enforceable.

Contact Us

    If you have any questions about these Terms, please contact us: [email protected].