Legal research and writing quiz
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Putman4ePPT_ch16.pptxOFFICE LEGAL MEMORANDUM: ISSUES AND FACTS
Chapter 16
1
Definition
Office Legal Memorandum
An informative document that summarizes the research and analysis of the legal issue or issues raised by the facts of a client’s case
Purposes, Uses, and Importance: Purposes
Major Purposes of an Office Legal Memorandum
Identifies and records the law that applies to a specific issue or issues raised by the client’s facts
Analyzes and explains how the law applies to the issue
Assesses the strengths and weaknesses of the client’s case
Presents a conclusion and proposed solution based on the analysis
Purposes, Uses, and Importance: Uses
Uses of an Office Legal Memorandum
Is a guide to course of action to be pursued
Informs subsequent researchers of the case
Refreshes the memory of the attorney assigned to the case
May be a guide by the attorney in preparing court documents and client correspondence
Purposes, Uses, and Importance: Importance
Importance of an Office Legal Memorandum
Identifies required elements
Determines defense or cause of action
Determines what is needed to support or oppose a motion
Addresses discovery issues
Analyzes evidentiary issues for trial
Addresses posttrial issues
Prewriting Stage
Prewriting Stage of an Office Memo
Nature of the assignment
Is the assignment clearly understood?
What type of legal writing is required?
Who is the audience?
Constraints on the assignment
Organization of the assignment
Formats can vary from office to office
Sections of the Office Memorandum: Heading
Heading
Type of document in all caps (e.g., MEMORANDUM OF LAW)
Name of person to whom memo is addressed
Name of person who prepared memo
Date
Subject of memo
Sections of the Office Memorandum: Statement of Assignment
Statement of Assignment
Also referred to as the background or purpose section
Provide the readers with a description of the topic covered and the parameters of the assignment
Sections of the Office Memorandum: Issue
Issue
Informs the reader of:
Law that applies
Precise legal question
Significant facts of the case
Requirements
The issue should be correctly identified
The issue should be completely and correctly stated
An expanded outline should be used
Issues should be addressed separately
Sections of the Office Memorandum: Brief Answer
Brief Answer
Brief, precise answer to the issue(s)
Brief statement of the facts and reasoning in support of the answer
Sections of the Office Memorandum: Statement of Facts
Statement of Facts
Importance of the facts
Content
Key and background facts
Organization
Chronologically, topically, or a combination
Presentation and ethics
Present facts accurately, objectively, and without legal conclusions
