Identify Relevant & Dispositive Facts - Next Generation Bar Exam
- What determines whether a fact is legally relevant?
- The elements or factors of the governing legal rule. Relevance in this sense depends on the substantive law.
- In an adverse possession claim, what fact is dispositive when all other elements are met?
- Whether possession continued for the full statutory period. Each element, including duration, must be satisfied.
- What is a dispositive fact?
- A fact that determines the outcome of an issue under the applicable rule. A single dispositive fact may defeat or establish a claim.
- A 17-year-old signed a contract to buy a car. In the minor's later suit to disaffirm, which fact is dispositive?
- The buyer's age at the time of contracting. A minor's contracts are generally voidable at the minor's option.
- A defendant charged with burglary at common law entered a home at 3 p.m. Which fact is dispositive?
- The entry occurred in the daytime. Common-law burglary requires a breaking and entering at night.
- What is the relevance of a fact that is emotionally compelling but bears on no element?
- It is not legally relevant to the issue. Emotionally compelling facts may affect advocacy but not the legal analysis.
- What is a relevant fact in legal analysis?
- A fact that bears on an element or factor of the applicable rule. Facts that do not affect any element are background only.
- A plaintiff sues for intentional infliction of emotional distress. The defendant's conduct was rude but routine. Which element is likely not met?
- Extreme and outrageous conduct. Mere insults and rudeness do not meet the outrageousness requirement.