LAW
OFFICE MEMO: PURPOSE AND USE
PURPOSE
•
Record
the Law found as a result of the research
•
Explain
how the researcher analyzed the law and applied it to the facts
• Propose
a Solution to the problem
USE
•
Attorney
and Client use information to resolve the problem discussed in
the Law
Office Memo
Format
•
Elements
of a Law Office Memo
TO
AND FROM
•
Contains
the name of person who assigned you the Memo and your name
RE
•
Identifies
the Subject Matter of the Memo
DATE
•
Memo
should be dated
• Use
either date you complete your research or date you deliver it to
reader
•
Date
is important as it is assumed the research is current
FACTS
•
Clearly
state significant facts
•
Limit
them to one or two paragraphs
ISSUES
AND ANSWERS
•
Heart
of the Memo
•
Each
issue and corresponding answer should be one sentence and give the
reader as
much information as possible.
•
Number
each issue and answer
• An
issue and answer contain a blend of fact and law
REASONING
•
Comprised
of:
•
THESIS
•
SHORT
CONCLUSION
•
STATEMENT
OF RULE OF LAW
•
APPLICATION
OF RULE OF LAW TO THE FACTS
THESIS
PARAGRAPH
•
Contains
thesis- central idea of your memo
•
Gives
reader the big picture of your memo
•
“Road
Map”
•
Besides
stating thesis statement, also state your conclusion in simple terms
RULE
OF LAW
• Law
contained in legal resources that will be applied later to the facts
in
your
memo
•
Comes
from Primary Sources- Case Law
•
Need
to clearly explain rule of law so reader has a solid basis for
understanding
your reasoning.
APPLICATION
OF LAW TO FACTS
Create
Case Analysis Chart
Include:
Name
of Case
Facts
that are Similar
Facts
that are Different
Rule
of Law and Conclusion
• Use
Separate Chart for each case discussed
•
Writing
of Statement of Rule of Law and Application of Law to Facts
needs to
be so clear that someone who has never read about the area of law
discussed
in the memo can easily understand your memo
CONCLUSION
•
Final
Paragraph
•
Ties
everything together
•
Summarize
similarities and differences between Case Law used as
Authority and
the Facts of the Memo
•
Explain
what Cases you relied on to reach your conclusion
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