Session 5: Final Points

on a Legal Issue [11 slides]

Relevant v Irrelevant Issue

A relevant issue determines the

outcome of the legal dispute.
An irrelevant issue has no value in a
case even if it is resolved because it has
no consequence to the outcome of the
legal dispute.
A charged B with rape before the RTC. B claims that A is his
girlfriend but she denies it.

Legal Issue: Whether or not B raped A.

Relevant Issue: Is the relationship between A and B

relevant? Yes, because it is unlikely that B will rape A because
he loves her. Also, it will establish that A is a liar.

B grandmother claims that B cannot rape A because he is a

good grandson and he takes care of her.

Irrelevant Issue: Is B a good grandson because he takes

care of his grandmother? Irrelevant. Being a good grandson
will not resolve the legal issue of whether B raped A.
A shipped frozen tuna from Davao to Cebu on B’s cargo boat,
using a freezer rented from C. The frozen tuna arrived in Cebu
spoiled because of B and C’s negligence.

B claims that the C’s freezer was defective and old. F, the cargo
boat’s captain, was highly efficient in navigation.

C claims that his freezer was not defective and old; it was in
good condition. The cargo boat’s crew, H, I, J, K, and L, were
negligent in checking the power supply to the freezer. C insured
the cargo with D against damages while it was in the freezer
during the voyage.

D claims he was not liable because C did not file his claim within
10 days of the discovery of the damages as the insurance policy
required.
Legal Issue 1. Whether or not B and C were negligent in handling
the frozen tuna.

Legal Issue 2. Whether or not C is entitled under the insurance

policy for reimbursement from D for liability for the damage to the
frozen tuna.

Legal Issue 3. Whether or not C’s freezer was defective.

Legal Issue 4. Whether or not F, the cargo boat’s captain, was

highly efficient in ship navigation.

Legal Issue 5. Whether or not the cargo boat’s crew, H, I , J, K,

and L, were negligent in checking the power supply to the freezer.

Legal Issue 6. Whether or not C filed his claim against the

insurance policy on time.
Legal issue 1 is relevant because it is the principal issue.

Legal issue 2 is relevant because it is also a principal issue.

Legal issue 3 is relevant because it would determine C’s liability.

Legal issue 4 is relevant because it would give credence to C’s

defense.

Legal issue 5 is irrelevant because it has no bearing to the

spoilage of the frozen tuna.

Legal issue 6 is relevant because it could determine B’s liability.

Legal issue 7 is relevant because it could determine D’s liability.

 Factual and Legal Issue

An issue is factual when the

contending parties cannot agree that a
thing exists or has actually happened.
An issue is legal when the contending
parties assume a thing exists or has
actually happened but disagree on its
legal significance or effect on their
rights.
 Factual Issue

A claims that B took A’s red iPhone X while they were both
in the Law School library. B denies the this and claims that
he never went near A.

Factual Issue: Whether or not B took A’s red iPhone X

C claims that traffic officer D demanded a bribe of P1,000 in

exchange for the return of C’s driver’s license. D claims he
did not ask P1,000 from C.

Factual Issue: Whether or not D demanded a bribe of

P1,000 from C.
 Legal Issue

Y admits that he falsified his Daily Time Card to

collect overtime pay from a government agency.
Legal Issue: Whether or not Y committed grave
misconduct that warrants a dismissal.
B died of liver cancer because of heavy smoking but
the cigarette company denied liability for his death.
Legal Issue: Whether or not cigarette companies are
liable for deaths caused for smoking their products.
 Writing the Legal Issue
First. Use “whether or not” to incorporate the
opposing views into the statement of the issue.

Second. The plaintiff or the complainant in the case

bears the burden of proving the affirmative of his/her
claim.

EXCEPTION: When the defendant or respondent

admits the facts constituting the claim against him
BUT raises a defense that exempts him/her to avoid
liability. Then the issue is stated in terms of the
defense.
Third. The statement of the issue must be fair.
Fourth. The statement of the issue should be
comprehensive, leaving no relevant point outside it.
Fifth. The statement of the issue must be specific and
clear.
Sixth. The statement should capture the essence of
the specific violation of right that the defendant
committed.