Issues arise upon the pleadings when a fact or a conclusion of law is maintained by the one party and is controverted by the other. They are of two kinds: 1. Of law; and, 2. Of fact.
§ 588.Kinds of Issues
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 3. Issues—The Mode of Trial and Postponements · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 588 defines an "issue" in civil litigation as arising when one party maintains a fact or legal conclusion that the other party disputes, and divides all such issues into two kinds: issues of law and issues of fact.
Full Text of § 588
Plain-English Summary
This section supplies the basic vocabulary for the rest of the chapter. An issue arises whenever the pleadings show a disagreement — one side asserts a fact or a legal conclusion, and the other side controverts it. Without that clash, there's nothing left for a court or jury to decide.
Every issue this framework recognizes falls into one of two categories: issues of law or issues of fact. Section 589 explains what creates an issue of law, and § 590 explains what creates an issue of fact. That two-way split then drives who decides the case — § 591 sends issues of law to the court, and § 592 sends most issues of fact to a jury.
Frequently Asked Questions
What creates an "issue" under § 588?
A fact or legal conclusion that one party maintains and the other party disputes in the pleadings.
What are the two kinds of issues recognized here?
Issues of law and issues of fact — defined further in §§ 589 and 590.
Why does the law/fact distinction matter?
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: issue of law vs issue of fact californiakinds of issues civil action