{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil-procedure:2015:article:178","workId":"law:eri:code:civil-procedure:2015","expressionId":"law:eri:code:civil-procedure:2015:en","title":"Issues Defined","number":"178","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/178/","hierarchy":{"book":"BOOK III — SERVICE, PLEADINGS AND EVIDENCE","title":"TITLE II — PLEADINGS","chapter":"Chapter 3. — First Hearing"},"paragraphs":[{"id":"p1","number":"1","text":"Issues arise when a material proposition of fact or of law is affirmed by one party and denied by the other.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/178/#p1","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":111,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/111/?article=178&paragraph=p1#article-178-p1"}]},{"id":"p2","number":"2","text":"Material propositions are those propositions of fact or of law which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defense.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/178/#p2","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":111,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/111/?article=178&paragraph=p2#article-178-p2"}]},{"id":"p3","number":"3","text":"Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/178/#p3","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":111,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/111/?article=178&paragraph=p3#article-178-p3"}]},{"id":"p4","number":"4","text":"Where issues both of fact and of law arise in the same suit, and the court is of opinion that the case or any part thereof may be disposed of on the issues of law only, it shall try those issues first, and for that purpose may if it thinks fit, postpone the settlement of the issues of fact until after the issues of law have been determined.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/178/#p4","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":111,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/111/?article=178&paragraph=p4#article-178-p4"}]}],"caution":"This is the English-language edition published in 2015 and attributed in its front matter to the Ministry of Justice. Refworld labels it an unofficial translation. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force."}