Issues arise on the pleadings where a fact or conclusion of law is maintained by one party and controverted by the other. They are of two kinds: (1) Of law; (2) of fact.
§ 25-1101.Issues; kinds.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section defines a legal “issue” as a fact or legal conclusion that one party maintains and the other disputes in the pleadings, and sorts every issue into one of two categories — issues of law or issues of fact — the split that later sections use to decide who resolves it.
Full Text of § 25-1101
Source
R.S.1867, Code § 277, p. 440; R.S.1913, § 7840; C.S.1922, § 8784; C.S.1929, § 20-1101; R.S.1943, § 25-1101.
Plain-English Summary
Every lawsuit runs on disagreement, and this section names the thing the parties disagree about: an issue. Under § 25-1101, an issue arises on the pleadings whenever one party maintains a fact or a conclusion of law and the other side controverts it. A petition that goes unanswered creates no issue; a petition met with a denial does.
The section then sorts every issue into one of two boxes. An issue of law is a dispute over what the law requires or permits on a given set of facts. An issue of fact is a dispute over what happened. That distinction is not academic — it drives who decides the dispute and how. Later sections in this article build directly on it: § 25-1102 explains exactly how an issue of fact comes into being, and § 25-1104 assigns issues of law to the court and routes many issues of fact toward a jury.
Read on its own, § 25-1101 does not tell a litigant whether a jury will hear the case or what a court must do with a disputed point. It supplies the vocabulary the rest of the trial article depends on.
Frequently Asked Questions
What counts as an “issue” in a Nebraska civil case?
An issue is a fact or legal conclusion that one party asserts in the pleadings and the other party disputes. If nobody disputes a claim, there is no issue on that point.
What is the difference between an issue of law and an issue of fact?
An issue of law is a dispute about what the law requires or allows. An issue of fact is a dispute about what happened. Section 25-1101 states these are the only two kinds of issues that arise on the pleadings.
Does every lawsuit contain both kinds of issues?
Not necessarily. Some cases turn entirely on a legal question with no factual dispute, while others turn entirely on what happened. Many cases contain a mix of both.
Who decides an issue of law versus an issue of fact?
Where do issues come from in a case?
They come from the pleadings themselves — a petition, an answer, and any other permitted pleading. When one party’s allegation meets the other party’s denial, an issue is born.
Does this section tell me whether I get a jury trial?
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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