The Issue has two components that must be included. The first component is the legal standard. The second component consists of the legally significant facts or circumstances to which the reviewing court applied the legal standard in its decision.
The Legal Standard
The first component of the Issue is the legal standard. The legal standard comes from the statutory language, precedent or other legal authority the reviewing court is interpreting and/or applying to the parties in the case. Legal standards often involve questions such as
- What does the legal authority (for example, a statute) require or prohibit?
- How are specific words or phrases in the legal authority defined?
- What does a party have to prove to successfully assert the claim or defense involved in the case?
If the decision you are briefing has an Applicable Statute (or Administrative Regulation), this is a good starting point for finding and understanding the legal standard. The next step is to identify the specific legal standard(s) the reviewing court analyzed in its decision that guided its application of the statutory requirements to the parties involved in the appeal.
Finding the legal standard(s) in the decision can be tricky. Sometimes the decision expressly identifies them. Other times, you can “reverse engineer” the legal standard by finding the reviewing court’s legal conclusions – kind of like what happens on the game show Jeopardy!© where contestants are given the answer and need to come up with the question. And still other times, the reviewing court identifies the legal standard through statements about the parties’ arguments or contentions on appeal.
More often, you need to hunt for the legal standard(s) while you carefully and thoroughly read the entire decision for perhaps the second or third time. As you read the decision, use a highlighter to mark all of the places the reviewing court discusses the legal authority being interpreted/applied. Then, reread what you’ve highlighted and look for the legal issue “indicator language” such as or similar to the following phrases:
- “The issue (or question) before this Court is…”
- “The parties raise the following issues (or questions) on appeal …”
- “We hold (or conclude) that …” (using the answer to identify the legal question)
- “Appellant (or other party designation or name) argues (or contents) that ...” (using the parties’ arguments to identify the legal question)
As you will recall, we identified the Applicable Statute in the Ennabe v. Manosa opinion:
Bus. & Prof. Code, § 25602.1: "Notwithstanding subdivision (b) of Section 25602, a cause of action may be brought by or on behalf of any person who has suffered injury or death against any person licensed, or required to be licensed, pursuant to Section 23300, or any person authorized by the federal government to sell alcoholic beverages on a military base or other federal enclave, who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic beverage, and any other person who sells, or causes to be sold, any alcoholic beverage, to any obviously intoxicated minor where the furnishing, sale or giving of that beverage to the minor is the proximate cause of the personal injury or death sustained by that person."
You may have noticed during your previous read-through of the Ennabe v. Manosa opinion that the reviewing court used headings or topic titles to guide the reader through its analysis. On Page 6 of the opinion, you see the heading/topic title, "II. Discussion." In the paragraph following this heading, the Court wrote:

Here, the Supreme Court previously identified a summary judgment motion should only be granted if no issues of fact are at issue and one party under the law is entitled to win the case. Moreover, the court said it would be reviewing the case "de novo," that is without deference to the rulings of the courts below it. In reviewing the decision of the Court of Appeals, the Supreme Court said it would resolve any doubts about the evidence in favor of the party opposing summary judgment, i.e. Ennabe. For the Ennabe v. Manosa case, this standard of review means if there are facts at issue on whether Manosa sold alcohol to an obviously intoxicated minor (Garcia), then Manosa should not have won her summary judgment motion in the Superior Court.
The Legally Significant Facts
The second component of the Issue, the legally significant facts, gives us context for understanding the legal standard and how it is applied to the parties in the appeal. It tells us what the case is really about. Identifying the legally significant facts also gives us useful information we can use later on when we want to compare the decision we are briefing to other decisions discussing similar Issues as part of our macro-synthesis.
When you are looking for the legally significant facts, think of it asking, “Why are we here?” It can be helpful to think of the following questions:
- What happened that is raising the legal question for the reviewing court?
- What did the parties do (or not do) that is making the reviewing court question whether the legal standard has been met (or has been violated, or should be applied to the parties)
- What conduct or facts are the parties arguing about?
Previously, we wrote the Facts section of our case brief, which contains all of the legally significant and contextual facts for the entire appeal. For our Issue, we want to pull out only the facts the reviewing court stated were legally significant when it was determining whether Manosa purchased alcohol for Garcia. Again, let's look to the Supreme Court's repeat of the pertinent facts in the discussion section. On Page 31 of the Ennabe v. Manosa opinion, the court said that because Plaintiff had evidence that, "defendant Manosa charged an entrance fee to her party which enabled party guests to drink the alcoholic beverages she provided" the court could conclude for purposes of reviewing the summary judgment motion that Manosa, "sold such beverages (or caused them to be sold)."
Remember, if the reviewing court repeats facts in its decision, they are probably pretty important.
For each legal authority (or word or phrase in the legal authority), you will want to repeat the process above: first, identify the specific legal standard. Then, identify the legally significant facts relating to each legal standard.