What are legal issues?
Answer
Legal issues are the court rules, laws, and principles of law that support your claim to the court. In the NY Courts Digital E-Book Law Library available in Public Access Law Libraries, read New York Civil Practice Before Trial 2:201 Issues to Research. Your legal memo should address:
- The elements of each cause of action or defense
- The applicable statute of limitations and if applicable, available tolling theories
- Defenses or causes of action available to the opposition and their essential elements
- The applicable burden of proof for each cause of action or defense
- Any special evidentiary requirements or problems
- Applicable legal trends
- Previous rulings by the assigned judge