ISSUABLE PLEA

issuable plea. See PLEA(3).

ISSUE

issue, n.

1. A point in dispute between two or more parties.

“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.” 35A C.J.S. Federal Civil Procedure § 357, at 541 (1960).

collateral issue. A question or issue not directly connected with the matter in dispute. [Cases: Evidence 99; Witnesses 405. C.J.S. Evidence §§ 2–5, 197–199, 204, 206; Witnesses § 770.]

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

“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?’ ” Bryan A. Garner, The Winning Brief 56 (2d ed. 2004).

fact issue. See issue of fact.

general issue.

1. 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. [Cases: Pleading 115. C.J.S. Pleading § 185.]

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

immaterial issue. An issue not necessary to decide the point of law. Cf. material issue.

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

issue of fact. A point supported by one party’s evidence and controverted by another’s.

— Also termed fact issue.

issue of law. A point on which the evidence is undisputed, the outcome depending on the court’s interpretation of the law.

— Also termed legal issue.

legal issue.

1. A legal question, usu. at the foundation of a case and requiring a court’s decision.

2. See issue of law.

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

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

special issue.

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.

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

ultimate issue. A not-yet-decided point that is sufficient either in itself or in connection with other points to resolve the entire case.

— Also termed ultimate question.

2. A class or series of securities that are simultaneously offered for sale.

— Also termed bond issue; stock issue. See OFFERING.

hot issue. A security that, after an initial or secondary offering, is traded in the open market at a substantially 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.

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

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

3. Wills & estates. Lineal descendants; offspring.

issue female.

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.

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. Descendants, including descendants more remote than children. • At common law, the term included only those who were children of legally recognized subsisting marriages. See DESCENDANT; HEIR. [Cases: Descent and Distribution 25. C.J.S. Descent and Distribution § 32.]

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

issue, vb.

1. To accrue (rents issuing from land).

2. To be put forth officially (without probable cause, the search warrant will not issue).

3. To send out or distribute officially (issue process) (issue stock). — issuance, n.