Identify any trends in the case law that help your argument.Īddress the arguments on both sides of an issue. Use these principles as premises in your legal argument (i.e., a conclusion supported by reasons). This section should include a formal and objective description of significant facts that are relevant to answering the legal problem.Īnalysis should include facts that are favorable and unfavorable for the case in question.Īdd specific details from the case to compare to prior rulings of law from other cases.Įxtract and apply the principles from the leading cases. Step 5: Erase the brackets below Analysis and insert your analysis to the Issue(s). Summarize for your reader how the relevant law applies to your significant facts. Then give a brief explanation (no more than five sentences) of the reasons for your conclusion. This should clearly and fully respond to the question presented.īegin with your conclusion: may be answered yes, no, probably yes, etc., if the question can be answered that way.
Step 4: Erase the brackets below Brief Answer and insert your brief answer to the Issue. Ultimately for each issue or sub-issue you should conclude as to how you think a court would likely rule on your facts. The question will incorporate legally relevant facts as well as the rule involved.Įach legal question should have its own subheading to separate factors from case and rulings. Usually one sentence and often begins with “Whether….” or “Does….”. The question presented should sufficiently narrow the statement of assignment and be objective. How does the relevant law apply to the key facts of the research problem? Step 3: Erase the content in the brackets below Issue and insert the legal question(s) asked or the issue(s) considered in the memorandum. (e.g., upcoming court appearance, upcoming hearing for yourself, client seeking legal opinion, or legal research) Step 2: Erase the content in the brackets below Statement of Assignment and insert what you are trying to accomplish and why. (Who the memo is addressed to, who it is from, the subject of the memorandum and date) Step 1: Erase the contents in the brackets in the header and insert the information that applies. Provide a recommendation to yourself of how to apply previous legal rulings to case. Question/Issue: State the law or rule in question.īrief Answer: Should clearly respond to question presented and give brief explanation (no more than 5 sentences) of how you achieved that conclusion, using only the law.įact/Analysis: A formal and objective description of significant legal facts that are relevant to answering the legal problem. Analysis may include discussion of how the legal facts are favorable or unfavorable for the case in question.ĭiscussion: Discuss applicable legal rulings, how/why the principles are relevant to the case, and explore any counterarguments presented through analysis.Ĭonclusion/Recommendation: Summarize your analysis and conclusion. Statement of Assignment: State why you are researching the rule and law in question. Heading: Should provide the: "to," "from," "subject (RE:)," "date " Keep this document to yourself or your lawyer. If you are not represented by an attorney, do not share this document with anyone as the other party might be able to obtain it if they subpoena it from them. This document is not sent anywhere and stays with you. Do this early and often, and continue to do legal research and update this document as your case goes along. While you are conducting your legal research and after you have organized your results, such as case briefs, you will want to complete a legal analysis memorandum in order to help you be a better advocate for yourself. It is important to complete this case as early as possible. If you don't know where to start, begin with the legal information we provided on this site, then take our community law training course. This also helps you understand what facts and evidence the court will need to make the decision you want the court to make. A memorandum of law is a written explanation of how the law works with the facts of your case so that you can guess the possible outcomes of your case accurately. You achieve this by understanding the legal issue(s) involved in your case, the facts of your case, and how the law decides who wins and what they win based on the facts of your case. The purpose of this type of memorandum is to get educated on how the law will impact the facts of your case once you are in court.
IF YOU ARE IN NEED OF LEGAL ADVICE, WE ADVISE YOU CONSULT WITH AN ATTORNEY. DISCLAIMER: THE INFORMATION PROVIDED ON THIS SITE IS NOT LEGAL ADVICE, BUT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
0 kommentar(er)
