Also known as: at issue
Written by attorneys · grounded in primary & secondary sources — see below
A point or fact that is disputed between the parties or that must be resolved by the trier of fact in the proceeding.
Isabella Ingram testifies at trial that the defendant was driving well over the posted limit when the collision occurred. The court admits her opinion because it helps the jury determine a disputed fact about the cause of the accident.
During closing argument, counsel states that the plaintiff is lying about the terms of the contract. The judge sustains the objection because the lawyer may not assert a personal opinion on the credibility of a witness when that credibility is a disputed point for the jury.
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Ivan Ivanov sues a manufacturer in the forum state after his vehicle malfunctions. The court finds specific jurisdiction exists because the claim relates to the defendant's extensive in-state advertising and dealership network, even though the particular vehicle was sold elsewhere.
An engineer testifies that a design defect caused the structural failure. The court admits the opinion because the specialized knowledge will help the jury resolve the disputed question of what produced the collapse.
A nonprofit association sues to protect its members' associational privacy. The court permits the organization to proceed because its members face practical obstacles to litigating the disputed constitutional claim themselves.
The defendant offers to stipulate that he is a felon. The government nevertheless seeks to introduce the full judgment. The court excludes the details because the name and nature of the conviction create unfair prejudice on the only disputed element.
In issue refers to points that are in controversy or disputed and properly before the court. At issue refers to matters that are ready for decision by the trier of fact.
Character is in issue when the substantive law makes the existence or nonexistence of a character trait itself a dispositive fact that determines the outcome of the trial.
Yes. Under Rule 701(b) a lay opinion is admissible only if it is helpful to clearly understanding the witness's testimony or to determining a fact in issue.
An expert opinion is admissible under Rule 702(a) when the witness's specialized knowledge will help the trier of fact understand the evidence or determine a fact in issue.
…U. S. 495 (1922). Speaking for the Court, he rejected a "nice and technical inquiry," id. , at 519, when the local transactions at issue could not "be separated from the movement to which they contribute," id. , at 516. Reluctance of the Court to adopt that approach in all of its cases caused inconsistencies in doctrine to…