When drafting a legal memorandum, the 'Question Presented' section should be a concise, single sentence that identifies the legal issue, the relevant facts, and the applicable law. Which of the following is the most appropriate 'Question Presented' for a memo analyzing whether a homeowner is liable for injuries sustained by a trespasser who fell into an unmarked hole on their property?
- AShould homeowners be more careful about keeping their property safe for visitors?
- BWhat are the duties of a landowner to a trespasser?
- CIs a homeowner always liable for injuries to anyone on their property?
- DUnder state premises liability law, is a homeowner liable for injuries to an adult trespasser who fell into an unmarked, naturally occurring hole on the homeowner's undeveloped rural property?
Show answer & explanationAnswer & explanation
Correct answer: D. Under state premises liability law, is a homeowner liable for injuries to an adult trespasser who fell into an unmarked, naturally occurring hole on the homeowner's undeveloped rural property?
Option B is the most appropriate 'Question Presented' because it clearly identifies the legal issue (premises liability), the parties (homeowner, adult trespasser), the key facts (fell into an unmarked, naturally occurring hole on undeveloped rural property), and implicitly the applicable law (state premises liability law).
Why the other options are wrong
- A. This is a policy question, not a legal question presented in a memo.
- B. This is a general legal question, not tailored to the specific facts of a case.
- C. This question is too broad and does not include specific facts or applicable law.
Question Presented (Legal Memo)
A concise, single-sentence statement in a legal memorandum that identifies the specific legal issue to be analyzed, incorporating key facts and the relevant area of law.
- Single sentence.
- Includes specific facts.
- Identifies the legal issue.
- References applicable law.
Memory trick: Fact-Filled, Law-Linked, Issue-Focused Query.