Issue statements: under-does-when
Another approach to framing a legal issue is the "under-does-when" model, which can also be the "under-when-does" model. It works like this:
- Under [this law] . . .
- does [this outcome result] . . .
- when [these facts happen]?
- Under [this law] . . .
- when [these facts happen] . . .
- does [this outcome result]?
Under the Illinois Rules of Professional Conduct, does prosecutor Mark Rencher deserve to be disciplined by the state bar for dishonesty when--at the police's request--he lied to a dangerous fugitive by saying he was a public defender, when the fugitive was holding hostages, and when Rencher also talked the fugitive into surrendering without harming the hostages?This style is better than the “whether” style because it is a complete sentence. But it still produces long, complicated sentences.
6 Comments:
This isn't a very good example at all. We have no idea why the question about disciplining Rencher should even be raised. Did Rencher lie to the fugitive? We don't know. Even if he did, so what? What rule does that violate?
It would be much better to ask:
Under Rule (some specific rule that relates to the details presented) of the Illinois Rules of Professional Conduct, should prosecutor Mark Rencher be disciplined for complying with a police request to lie to a dangerous fugitive who was holding hostages?
Ah! Now I see the fib. The prosecutor said he was a public defender.
Still, methinks the rule(s) he might have broken should be specified, else the reader has to go over the entire set of them.
I try to teach using simple sentences whenever possible, and 20 words is the (rebuttable) presumptive maximum.
So, take the sample and break it up, thus reducing the Fleish-K score and, more important, making it easier to read. (Also I got rid of "by the state bar." That's who does discipline. A court might sanction for a violation, but the bar disciplines.)
Under the Illinois Rules of Professional Conduct, does prosecutor Mark Rencher deserve to be disciplined for dishonesty when–-at the police's request-–he lied to a dangerous fugitive? Rencher said he was a public defender, but said so when the fugitive was holding hostages. Rencher’s statement was part of his successful effort of talking the fugitive into surrendering without harming the hostages.
"Under-when-does" is fine, as long as you keep it short.
While I understand your qualm Professor regarding the use of "whether" making issue headings incomplete sentences, I still adhere to the belief that "whether" remains the most simple and straightforward method of putting forth an issue statement.
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