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🦹intro to law and legal process review

Question Presented

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

The question presented refers to a clearly stated legal issue or query that a court or tribunal must resolve in a case. It is an essential element of legal memoranda and briefs, as it frames the legal problem for analysis, guiding the discussion and arguments that follow.

5 Must Know Facts For Your Next Test

  1. The question presented is typically framed as a succinct, specific inquiry that encapsulates the core legal issue at stake in the case.
  2. In legal writing, the question presented sets the stage for both the argument and the analysis, ensuring clarity and focus throughout the document.
  3. Crafting an effective question presented requires understanding the relevant facts and law to accurately reflect the dispute.
  4. A well-formulated question presented can influence the outcome of a case by drawing attention to particular legal interpretations or principles.
  5. Judges often rely on the question presented to guide their decisions and reasoning when evaluating the merits of a case.

Review Questions

  • How does the question presented shape the structure of legal arguments in memoranda and briefs?
    • The question presented acts as a focal point for legal arguments in memoranda and briefs by clearly defining what legal issue needs resolution. This clarity helps lawyers organize their arguments, ensuring that each point made directly addresses this central question. The effectiveness of the legal analysis hinges on how well the subsequent discussion aligns with the question posed.
  • Discuss why precision in formulating the question presented is crucial for effective legal writing.
    • Precision in formulating the question presented is vital because it determines how well the issue is understood and analyzed throughout the document. A vague or overly broad question can lead to unfocused arguments and may cause confusion for both the court and opposing counsel. In contrast, a precise question allows for targeted research, relevant citations, and a coherent structure that supports persuasive legal writing.
  • Evaluate how a poorly framed question presented could impact judicial decision-making in a case.
    • A poorly framed question presented can significantly impact judicial decision-making by obscuring the central issue that needs to be addressed. If judges struggle to grasp what legal problem is being posed, they may misinterpret key arguments or overlook crucial evidence. This lack of clarity could result in decisions that are based on incomplete understanding or irrelevant factors, ultimately undermining justice and legal precedent.