Question

Is the failure of trichotomy, the framing issue?

Answer 1

Framing is a way of structuring or presenting a problem or an issue. Framinginvolves explaining and describing the context of the problem to gain the most support from your audience. Your audience is key to framing. The way a problem is posed, or framed, should reflect the attitudes and beliefs of your audience.

When one party affirms and other party denies a material proposition of fact or law, then only issues arise. If there is no specific denial, the question of framing issue does not, generally, arise. Material propositions are those propositions of law or fact. The plaintiff must allege such material propositions in order to show his right to sue. In the same way, defendant must allege as to constitute his defence. Unless each material proposition is affirmed by the plaintiff and denied by the defendant, a distinct issue will not form.