Frame the Research Questions - Next Generation Bar Exam
- A client was injured by a defective product purchased four years ago. Before researching liability, what threshold question should be framed?
- Whether the claim is barred by the statute of limitations or a statute of repose. Timeliness may dispose of the claim regardless of the merits.
- A client's contract has a choice-of-law clause selecting another state's law. What research question must be answered first?
- Whether the forum will enforce the choice-of-law clause. The answer determines which state's substantive law governs.
- What is the difference between a question of law and a question of fact for research?
- A question of law asks what the rule is; a question of fact asks what happened. Research resolves questions of law; investigation resolves questions of fact.
- What is the first step in framing a research question?
- Identifying the legal issue raised by the facts and the controlling jurisdiction. The jurisdiction determines which sources are mandatory.
- What threshold question should be framed before researching the merits of a lawsuit?
- Whether the court has jurisdiction and the claim is timely. Threshold defects may end the matter regardless of the merits.
- What elements should a well-framed research question contain?
- The governing law, the legal question, and the key legally significant facts. Including the facts keeps the research focused on the client's situation.
- What is a question presented in a legal memo?
- A statement of the legal issue combined with the key determinative facts. A strong question presented can usually be answered with a short answer and reason.
- A client asks whether she can sue her landlord over a broken heater. What research question best frames the issue?
- Whether failing to repair the heater breached the implied warranty of habitability under the governing law. The framed question links the governing doctrine, the jurisdiction, and the key fact.
- How should a researcher frame a question when the governing rule may vary by jurisdiction?
- By identifying which jurisdiction's law applies before researching the rule. Choice of law may itself be a research question.
- Why should a broad legal issue be broken into sub-questions?
- So that each element or component can be researched and answered separately. Sub-questions often correspond to the elements of a claim or defense.