Framing the Deep Issue Formula1

“In deciding this [motion, etc.], the court need address only the following [two, three,
or whatever number] issues: . . . .”

“A good issue statement generally mirrors a syllogism—the basis of all logical

thought.”

“There are essentially two types of issue statments: analytical and persuasive. An
analytical issue is objectively stated—it doesn’t suggest an answer. It’s appropriate for a
research memo or an opinion letter. A persuasive issue is subtly slanted toward an
answer. It’s usually intended for a brief (trial or appellate).”

Analytical Issue Persuasive Issue

Minor premise Major premise
Conclusion? Minor premise
Conclusion?

“The major premise is the controlling legal point. The minor premise is the factual
point that ties into that legal point. And the conclusion is expressed as a question.”

1
Garner, Bryan, 2004. The Winning Brief, p. 56.