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Jackson - Legal Writing - Fall 2019

Question Presented & Brief Answer


Question Presented
-identifies the legal issue and the key facts on which the legal issue turns
-start with the legal issue, then connect to key facts with “when” or “where”

example:
Has Elizabeth Gray created a private nuisance, when she allows
anywhere from three to six homeless persons to sleep on her front porch
every night, and the guests stay up until 10:00 or 11:00 drinking, talking,
playing guitar and singing?

Brief Answer
-directly answers the question presented
-states the governing rule
-briefly explains how the facts fit the rule to justify the answer given
-avoid extended elaboration or discussion; just give very basic bottom line

example:
Probably not. In general, a nuisance is anything that substantially and
unreasonably interferes with a neighbor’s use and enjoyment of his
property. Here, neither the modest amount of noise made by the homeless
persons, nor the apprehension generated by their mere presence, appears
to impose any substantial and unreasonable interference with the
neighbors’ use and enjoyment of their property. Thus, a court would likely
conclude that Ms. Gray has not created a nuisance.

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