Question Presented
The Question Presented section is where the precise legal issue in the problem is posed. It is typically written as one sentence in the form of a question.
It appears before the Statement of Facts, so a reader will not yet be familiar with the facts or parties of the case. Therefore, it is important to avoid using names, because they will not have much of an impact. Instead, it is better to use a descriptive term as a reference to the person involved.
Therefore, if your client is John Smith, refer to him instead in a descriptive way, like the math teacher, the accountant, the tax-payer.
It is important that the question presented identify the cause of action and the key relevant facts. Do not insert judgements into the question presented. For example, do not refer to a garage a “small structure.” The term “small” is subjective and unclear. Instead, refer to the garage as a one-car garage. This will provide context without judgment.
Isolate the Specific Issue
The issue should be broadly stated as to encompass many possible issues under the cause of action.
Ex – Too narrow: Was Carey Jones denied due process?
Better – Was a juvenile denied due process when the juvenile was not represented by counsel at a delinquency hearing?
Include key significant facts
Next, include facts that a court will consider when answering the legal question. Typically, it is necessary to summarize the facts, organize them, and then include only the most significant facts.
Do not make conclusions within the question presented. Pose the question, but do not answer it.
Too conclusory – Is a person guilty of criminal contempt if he recklessly fails to read a court order and disobeys it?
Better – Is a person guilty of criminal contempt if he disobeys a court order because he did not listen to or read the order?
In the first example, the writer concluded that the person was reckless. This is conclusory because recklessness is a question that is posed, so the writer should not provide a conclusion to that here.
It is important to keep the question at a readable length, even though there is a lot to include. Do not include every relevant fact within the question, just the key ones that raise the issue.
Format –
Under, does, when
under [insert reference to applicable law] which provides [insert a summary of the law (unless it is a well-known law)]
does/is/may [insert legal question]
when [insert most important legally significant facts]
Ex –
Under §413 of the New York Family Court Act, which provides parents are financially responsible for their children until they reach the age of twenty-one, may a mother have her son declared emancipated when he disobeys her rules, moved into an apartment above the garage, and works twenty-five to thirty hours per week earning twenty-five dollars per hour?
First lay out applicable law. Then set out the question. Then include the legally significant facts.
Question Presented video:
