Legal research and writing quiz
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Putman4ePPT_ch17.pptxOFFICE LEGAL MEMORANDUM: ANALYSIS TO CONCLUSION
Chapter 17
1
Analysis Section
Characteristics of Analysis Section
Law is presented, analyzed, and applied to the issues
Is the heart of an office memo
Is often referred to as the discussion section
Is in IRAC format (issue, rule, analysis, conclusion
Analysis Section: Format
Basic Four-Part Format
Rule of Law
Case law (if necessary) interpretation of rule of law
Name of case
Facts of case sufficient to demonstrate case is on point
Rule or legal principle that applies to the client’s case
Application of law to facts of case
Counteranalysis
Analysis Section: Rule of Law
Analysis Part A: Rule of Law
Introduction
Use introductory language to introduce the rule of law
What to Include
Paraphrase or quote only the relevant portions of the law
Multiple Rules
Use introductory language and present the relevant portion of each rule
Citation
Provide the citation for the rule of law
Analysis Section: Case Law
Analysis Part B: Rule of Law Interpretation—Case Law
Does the rule of law require interpretation? Can the law be applied directly to the facts without interpretation?
What is the role of case law?
What is the process for presenting case law?
Analysis Section: Case Law, Continued
Format for Presenting Case Law
Name and citation of court opinion
Facts of the case
Rule of law
Analysis Section: Application to Client’s Case
Analysis Part C: Application of Rule of Law to Client’s Case
Application of rule that does not require case law interpretation
Application of rule that requires case law interpretation
Analysis Section: Counteranalysis
Analysis Part D: Counteranalysis
Counteranalysis should follow the application of the law to the issue and facts of the client’s case
If rebuttal is necessary, it should follow the counteranalysis
Conclusion
Purposes of Conclusion Section:
To summarize the conclusions reached in the Analysis section
To briefly inform the reader of all the law that applies and how it applies
Recommendations
Included in Recommendations Section:
What the next step should be
Identification of additional information that may be needed
Identification of additional research that may be needed
Identification of related issues
General Considerations
General Considerations - Use the following:
Headings
Introductory Sentences
Transition Sentences
Paragraphs
Persuasive Precedent
Conclusions
Revisions and Drafts
Additional Authority
