Introduction to LawIntroduction to LawElements of an Office Elements of an Office

MemorandumMemorandum

Elements of a MemorandumElements of a Memorandum Title = MemorandumTitle = Memorandum Heading Heading

To:To:From:From:Date:Date:Re:Re:

Question(s) PresentedQuestion(s) Presented Brief Answer(s)Brief Answer(s) Statement of FactsStatement of Facts DiscussionDiscussion ConclusionConclusion

Focus for TodayFocus for Today Title = MemorandumTitle = Memorandum Heading Heading

To:To:From:From:Date:Date:Re:Re:

Question(s) PresentedQuestion(s) Presented Brief Answer(s)Brief Answer(s) Statement of FactsStatement of Facts

Statement of FactsStatement of FactsID ID legally significant facts=determinativelegally significant facts=determinative factsfacts

Those facts that a court would consider significant Those facts that a court would consider significant either in deciding the statute or rule, or those either in deciding the statute or rule, or those facts that are necessary to determine the facts that are necessary to determine the applicability of the statute or ruleapplicability of the statute or rule

Those facts which, if changed, would change the Those facts which, if changed, would change the answer to the issueanswer to the issue

ID ID key background factskey background facts

Checking for Legally Checking for Legally Significant FactsSignificant Facts

Facts used in the Discussion sectionFacts used in the Discussion section Facts that show the elements of the Facts that show the elements of the

cause cause of action or defense are metof action or defense are met Facts in the other side’s legal Facts in the other side’s legal

argumentargument Procedural factsProcedural facts Do not include legal conclusionsDo not include legal conclusions

More on key background More on key background factsfacts

Place in contextPlace in context

Only as necessary/keep to a minimumOnly as necessary/keep to a minimum

= Those details that make the = Those details that make the picture of what happened more picture of what happened more concrete and easier to understandconcrete and easier to understand

Organizing your Statement of Organizing your Statement of FactsFacts

Generally chronologically or topicallyGenerally chronologically or topically NEVERNEVER by issue or by source of fact by issue or by source of fact Tell a storyTell a story Describe facts Describe facts accurately and accurately and objectivelyobjectively Introduce facts by most important Introduce facts by most important

character, summary of most important character, summary of most important event, or statement of why memo being event, or statement of why memo being writtenwritten

Be sure to include WHY drafting memoBe sure to include WHY drafting memo

TechniquesTechniques State key points specifically and State key points specifically and

concretely, even if they are concretely, even if they are unfavorableunfavorable

Keep labels minimal and consistentKeep labels minimal and consistent Keep your cast of characters straightKeep your cast of characters straight Choose Choose one nameone name for each person and use for each person and use

that name throughoutthat name throughout Substitute names for pronouns if any Substitute names for pronouns if any

ambiguityambiguity

Question(s) PresentedQuestion(s) PresentedBy convention, you should have the By convention, you should have the same number of questions same number of questions presented as you have main issues presented as you have main issues in your discussion section. in your discussion section.

Questions presented are listed in Questions presented are listed in the same order in which you the same order in which you discuss them in the discussion discuss them in the discussion section.section. ALL FOR EASE OF READER. ALL FOR EASE OF READER.

Question(s) PresentedQuestion(s) PresentedFormula: Formula:

Under Under [law]*, [law]*, (“does”/ “is”/ “can”)(“does”/ “is”/ “can”) [core legal question] [core legal question] when when [legally significant facts]? [legally significant facts]?

*if appropriate, the writer may introduce a clause before *if appropriate, the writer may introduce a clause before the core legal question describing the law in more the core legal question describing the law in more detaildetail

The “law” part of the Question The “law” part of the Question PresentedPresented

Based on a group of laws Based on a group of laws (statute and case law, for (statute and case law, for example)example)

Based on a single lawBased on a single law

The “core legal question” part of The “core legal question” part of the Question Presentedthe Question Presented

Does, Is, CanDoes, Is, Can

Construct with subject, verb and Construct with subject, verb and objectobject

Ex: Under_____ law, is a physican liable Ex: Under_____ law, is a physican liable when . . .when . . .

The “when” part of the The “when” part of the Question PresentedQuestion Presented

Structure a list of some or all of the legally significantStructure a list of some or all of the legally significantfacts of your problem that are relevant for this issuefacts of your problem that are relevant for this issue

*tell a clear story*tell a clear story*create a readable structure*create a readable structure*if many facts, state two or three key facts *if many facts, state two or three key facts and and indicate there are moreindicate there are more

If possible, describe parties in terms of If possible, describe parties in terms of relationships.relationships.AVOID AVOID PARTY NAMES, PARTY NAMES, AVOID AVOID Plaintiff/DefendantPlaintiff/Defendant

Question(s) PresentedQuestion(s) PresentedFormula: Formula:

Under Under [law]*, [law]*, (“does”/ “is”/ “can”)(“does”/ “is”/ “can”) [core legal question] [core legal question] when when [legally significant facts]? [legally significant facts]?

*if appropriate, the writer may introduce a clause before *if appropriate, the writer may introduce a clause before the core legal question describing the law in more the core legal question describing the law in more detaildetail

Brief Answer(s)Brief Answer(s)A brief answer should be included forA brief answer should be included for

each issue stated in the question presentedeach issue stated in the question presentedsection of the memo. If there is one QP, section of the memo. If there is one QP, there should be one brief answer; if there there should be one brief answer; if there are two QPs, there should be two brief are two QPs, there should be two brief answers. If more than one QP/BA, you answers. If more than one QP/BA, you should should numbernumber them (should be obvious, them (should be obvious,

but if but if only one QP/BA, don’t need numbers).only one QP/BA, don’t need numbers).

Brief Answer(s)Brief Answer(s)By convention, most writers begin each of the brief By convention, most writers begin each of the brief

answers with a one- or two-word answer to the question. answers with a one- or two-word answer to the question. The answer is in the form of a sentence. The words that The answer is in the form of a sentence. The words that are typically used are are typically used are ““yes,” “no,” “probably,” or yes,” “no,” “probably,” or ““probably not.”probably not.”

After this one- or two-word sentence, the writer then After this one- or two-word sentence, the writer then explains the answer in one, or sometimes two, sentences. explains the answer in one, or sometimes two, sentences. ******Most common errorMost common error is to forget to include the legal is to forget to include the legal reasoning behind the answer. Double check = look for the reasoning behind the answer. Double check = look for the word “because” in your answer. word “because” in your answer.