Assignment #2

LEGAL RESEARCH AND WRITING STUDY GUIDE

Case Analysis: Case analysis is the process of comparing and contrasting decisions of different cases to assess the outcome of a particular issue.

All components of memo

Components of a Legal Memorandum

1. Heading

· Describes who is writing the memorandum.

· Identifies the person to whom the memorandum is

addressed.

· Includes the date and a brief description of what the

memorandum is about.

2. Issue or Question Presented

· States the question the memorandum is to address.

· It identifies the legal and factual issues to be discussed.

· Ask how the law applies to the facts in your research

problem.

3. Brief Answer

· This answers the question presented with “probably

yes” or “probably no” accompanied by a short

statement of fact and law and a brief conclusion.

· The brief answer should only be a paragraph or so.

· Do not state “will” prevail because this is a certainty

and you don’t know that. The attorney will make that

· determination.

4. Statement of Facts

· Only present legally significant facts.

· A legally significant fact is one that affects the outcome

of a case.

· Dates can be important to establish time frames.

· Facts should be stated chronologically.

5. Discussion

· The heart of the memorandum.

· Start with your opening paragraph. The opening

· paragraph describes key facts, the issue and rule of law.

· Remember to discuss objectively the strengths and

weaknesses of the client’s case.

· A good discussion or application section weaves cases

into your facts.

6. Conclusion

· The summary of your analysis in the memorandum.

· In one or two paragraphs, summarize what your

research has shown about the law relating to your

· client’s problem.