2. What is the issue or what are the issues? It might help to start by writing, "The issue is whether or not...." State it as specifically as you can, identifying the causes of action and referring to the story. 3. Explain the elements of each claim and which elements might not be shown by the evidence. As you explain the elements of each tort, identify how the facts satisfy or do not satisfy each of the elements. A plaintiff can sue more than one defendant and can make more than one claim. The following sources may be useful to supplement your text's law summaries. Definition of defamation