Assignment #2

law office memo An office memorandum is a predictive statement of the law. You are not writing to persuade a court but to predict how a court would apply the law to the facts of your situation. Therefore, you need to maintain an objective tone, and remember to address any counter arguments. The standard office memorandum usually contains the following sections:

1. HEADING or CAPTION

2. QUESTION PRESENTED

3. BRIEF ANSWER

4. FACTS

5. DISCUSSION

6. CONCLUSION

HEADING OR CAPTION

Begin the first page as follows:

MEMORANDUM

TO: Name of person who assigned the research project

FROM: Your name

DATE: Date memo is turned in

RE: Name of client, and a short description of the subject matter of the memorandum

Put the title of each subsequent section of your memo at the beginning of that section, in all caps,

and centered.

QUESTION PRESENTED

The subject of the memo is a question: How does the relevant law apply to the key facts of the

research problem? Thus, the question presented is analogous to the issue or question presented in

a case brief. The question presented should be sufficiently narrow and should be objective. It is

usually one sentence, and often begins: “Whether….” or “Does….” The question incorporates

legally relevant facts as well as the rule involved. Although questions are usually framed so that

they can be answered yes or no (or probably yes or probably no), sometimes they cannot (such as

“Under New York law, has a retailer made a binding offer when…?”). Always include the name

of the jurisdiction involved, e.g., New York, the Second Circuit.

BRIEF ANSWER

The brief answer should clearly and fully respond to the question presented. Begin with your

conclusion: yes, no, probably yes, etc., if the question can be answered that way. Then give a

brief (usually no more than four or five sentences long) self-contained explanation of the reasons

for your conclusion. Summarize for your reader how the relevant law applies to your significant

facts. As a general rule, include no citations.

FACTS

Provide a formal and objective description of the legally significant facts in your research

problem. The legally significant facts are the facts that are relevant to answering the legal

question presented. For example, in an issue involving whether a minor can disaffirm a contract,

a legally significant fact would include the nature of the item or service contracted for (was it

clothing, food, shelter, related to health care, etc.) and whether the minor had access to the item

in any case, without having to become contractually obligated to pay for it. The description

should be accurate and complete. Present the facts in a logically coherent fashion, which may

entail a chronological order. Include legally significant facts – facts upon which the resolution of

the legal question presented will turn, whether they are favorable or unfavorable to the client for

whom you are writing – and include background facts that will make the context of the problem

clear. In this section, do not comment upon the facts or discuss how the law will apply to the

facts. All factual information that later appears in the discussion section of the memorandum

should be described in the facts section.

DISCUSSION

This is the heart of the memo. Here, you need to educate the reader about the applicable legal

principles, illustrate how those principles apply to the relevant facts, and explore any likely

counterarguments to the primary line of analysis you present.

CONCLUSION

Summarize your analysis and conclusion to the question presented. Identify the level of certainty

with which you render a conclusion for each issue or sub-issue, but be sure to draw a conclusion

even for closer questions. Do not provide citations. The conclusion should be limited to one

paragraph, and in some cases involving just one short issue, the conclusion might not be

necessary at all.