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Legal Writing

This guide assists first-year law students with the CREAC format used in legal writing.

Question Presented

THIS QUESTION PRESENTED NEEDS AN EDIT:

Under the California doctrine of equitable adoption, can a foster child inherit from a decedent when the decedent consulted with an attorney about adoption, the decedent and the custodial child held each other out to the community as mother and son, the custodial child treated the decedent as his mother and cared for her after she became disabled, and the decedent often spoke about intending to adopt the custodial child but never completed the adoption process before their death?

 

THE EDIT WILL CORRECT THE FOLLOWING:

  1. Legal question: the legal writer muddies the legal question with imprecise language that misidentifies the parties.
  2. Determinative facts: the legal writer muddies the determinative facts with redundancies and imprecise language that misidentifies the parties.

 

AFTER THE EDIT, THE QUESTION PRESENTED IS NOW ACCOMPLISHED:

Under the California doctrine of equitable adoption, can a foster child inherit from the estate of a foster parent when they held each other out to the community and cared for each other as mother and son, the child lived with the parent for nine years, and the parent mentioned adoption to the child, an attorney, and family members on numerous occasions?

 

THE QUESTION PRESENTED IS ACCOMPLISHED FOR THESE REASONS:

  1. The governing law and controlling jurisdiction are clear (red phrase)
  2. The legal question is clear and precise and properly identifies the parties (blue sentence)
  3. The most determinative facts that trigger the legal question are presented clearly and concisely and properly identify the parties (green clause)