Legal Writing, All Business by J. Scott Colesanti

Author:J. Scott Colesanti [Colesanti, J. Scott]
Language: eng
Format: azw3
ISBN: 9781522105299
Publisher: Carolina Academic Press
Published: 2016-07-31T16:00:00+00:00

C. The Brief Answer

The Brief Answer responds to the Issue. The Component provides the user friendly solution to the Issues addressed in the Memo. The section is universally embraced by young Legal Writers, for it requires no citation and, consequentially, most clearly resembles non-Legal Writing. If written correctly, it is likewise uniquely appreciated by the Legal Reader.

The sole guidance for this component is to avoid lapses into informality. Sentence fragments and slang do not make the Memo any more appreciated; conversely, the disruption caused by a change in style either puzzles the Reader or makes him/her desire a complete departure from the structure. Evaluate the effectiveness of the two passages below, each continuing the Issue example from above:

WEAK BRIEF ANSWER:

Issue Presented

Whether under Section 10(a)(4) of the Federal Arbitration Act, a court would find that arbitrators “exceeded their authority” where the arbitrators 1) denied a request for an adjournment based upon a family death, and/or 2) repeatedly curtailed the plaintiff's questioning?

Brief Answer

No. There were not enough wrongful acts here.

BETTER BRIEF ANSWER:

Issue Presented

Whether under Section 10(a)(4) of the Federal Arbitration Act, a court would find that arbitrators “exceeded their authority” where the arbitrators 1) denied a request for an adjournment based upon a family death, and/or 2) repeatedly curtailed the plaintiff's questioning?

Brief Answer

A court would likely not intervene in the present case. Although both the denial of an adjournment and curtailing of questioning seem harsh, there is no precedent for such discretionary acts by an arbitrator forming the basis for vacatur of an otherwise proper proceeding.

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