A paralegal is drafting an internal office memorandum analyzing the potential liability of a client for a breach of contract claim. The 'Issue' section of the memorandum must clearly and concisely state the legal question the memo will address. Which of the following is the best example of a well-formulated legal issue statement for this scenario?
- AIs the client going to be sued for breach of contract?
- BWhat are the elements of breach of contract in our jurisdiction?
- CDid the client breach the contract?
- DWhether our client is liable for breach of contract when they failed to deliver goods by the agreed-upon date, despite a force majeure clause in the agreement.
Show answer & explanationAnswer & explanation
Correct answer: D. Whether our client is liable for breach of contract when they failed to deliver goods by the agreed-upon date, despite a force majeure clause in the agreement.
A well-formulated legal issue statement (often called a 'question presented') should be specific to the client's facts, include key legal concepts, and be framed in a way that suggests a 'yes' or 'no' answer, or clearly identifies the legal question to be resolved. Option B does this effectively by incorporating the specific facts (failure to deliver, force majeure) and the legal concept (breach of contract).
Why the other options are wrong
- A. This is a factual question about litigation likelihood, not a legal question for analysis within a memo.
- B. This is a general legal question, not specific to the client's facts, and would be addressed in the 'Discussion' section rather than as the primary issue.
- C. This is too broad and lacks the specific facts necessary to guide the analysis.
Legal Issue Statement
A concise and specific question posed at the beginning of a legal memorandum or brief that identifies the precise legal problem to be analyzed, incorporating key facts and legal concepts.
- Must be specific to the client's facts.
- Should include relevant legal rules/concepts.
- Often phrased to elicit a 'yes' or 'no' answer or a clear resolution.
Memory trick: Facts and law together, in a question, make it better.