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Success in law school is 10% intelligence and 90% persistence.
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Legal Definitions - surface issue
The law is a jealous mistress, and requires a long and constant courtship.
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Definition of surface issue
A surface issue is a point in dispute between two or more parties that is superficially stated in a single sentence, without many facts, and usually beginning with the word "whether". It is a simple and straightforward issue that does not delve into the fundamental problem at hand.
- Whether the defendant breached the contract by failing to deliver the goods on time.
- Whether the plaintiff was injured as a result of the defendant's negligence.
These examples illustrate how a surface issue is phrased in a single sentence and does not provide much detail or context. It is a basic question that needs to be answered in order to move forward with the case, but it does not address the deeper underlying issues.
You win some, you lose some, and some you just bill by the hour.
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Simple Definition
A surface issue is a problem or disagreement between two or more parties that is stated in a simple sentence without many details. It is a superficially stated issue that usually starts with the word "whether." In contrast, a deep issue is the fundamental question that a court needs to answer to decide a point of law. An issue of fact is a point supported by one party's evidence and disputed by another's, while an issue of law is a point on which the evidence is undisputed, and the outcome depends on the court's interpretation of the law.
It's every lawyer's dream to help shape the law, not just react to it.
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