Introduction to Law Elements of an Office Memorandum

Elements of a Memorandum Title = Memorandum Title = Memorandum Heading HeadingTo:From:Date:Re: Question(s) Presented Question(s) Presented Brief Answer(s) Brief Answer(s) Statement of Facts Statement of Facts Discussion Discussion Conclusion Conclusion

Focus for Today Title = Memorandum Title = Memorandum Heading HeadingTo:From:Date:Re: Question(s) Presented Question(s) Presented Brief Answer(s) Brief Answer(s) Statement of Facts Statement of Facts

Statement of Facts ID legally significant facts=determinative facts Those facts that a court would consider significant either in deciding the statute or rule, or those facts that are necessary to determine the applicability of the statute or rule Those facts that a court would consider significant either in deciding the statute or rule, or those facts that are necessary to determine the applicability of the statute or rule Those facts which, if changed, would change the answer to the issue Those facts which, if changed, would change the answer to the issue ID key background facts

Checking for Legally Significant Facts Facts used in the Discussion section Facts used in the Discussion section Facts that show the elements of the cause of action or defense are met Facts that show the elements of the cause of action or defense are met Facts in the other side’s legal argument Facts in the other side’s legal argument Procedural facts Procedural facts Do not include legal conclusions Do not include legal conclusions

More on key background facts Place in context Place in context Only as necessary/keep to a minimum Only as necessary/keep to a minimum = Those details that make the picture of what happened more concrete and easier to understand

Organizing your Statement of Facts Generally chronologically or topically Generally chronologically or topically NEVER by issue or by source of fact NEVER by issue or by source of fact Tell a story Tell a story Describe facts accurately and objectively Describe facts accurately and objectively Introduce facts by most important character, summary of most important event, or statement of why memo being written Introduce facts by most important character, summary of most important event, or statement of why memo being written Be sure to include WHY drafting memo Be sure to include WHY drafting memo

Techniques State key points specifically and concretely, even if they are unfavorable State key points specifically and concretely, even if they are unfavorable Keep labels minimal and consistent Keep labels minimal and consistent Keep your cast of characters straight Keep your cast of characters straight Choose one name for each person and use that name throughout Choose one name for each person and use that name throughout Substitute names for pronouns if any ambiguity Substitute names for pronouns if any ambiguity

Question(s) Presented By convention, you should have the same number of questions presented as you have main issues in your discussion section. Questions presented are listed in the same order in which you discuss them in the discussion section. ALL FOR EASE OF READER.

Question(s) Presented Formula: Under [law]*, (“does”/ “is”/ “can”) [core legal question] when [legally significant facts]? *if appropriate, the writer may introduce a clause before the core legal question describing the law in more detail

The “law” part of the Question Presented Based on a group of laws (statute and case law, for example) Based on a group of laws (statute and case law, for example) Based on a single law Based on a single law

The “core legal question” part of the Question Presented Does, Is, Can Construct with subject, verb and object Ex: Under_____ law, is a physican liable when...

The “when” part of the Question Presented Structure a list of some or all of the legally significant facts of your problem that are relevant for this issue *tell a clear story *create a readable structure *if many facts, state two or three key facts and indicate there are more If possible, describe parties in terms of relationships. AVOID PARTY NAMES, AVOID Plaintiff/Defendant

Question(s) Presented Formula: Under [law]*, (“does”/ “is”/ “can”) [core legal question] when [legally significant facts]? *if appropriate, the writer may introduce a clause before the core legal question describing the law in more detail

Brief Answer(s) A brief answer should be included for each issue stated in the question presented each issue stated in the question presented section of the memo. If there is one QP, there should be one brief answer; if there are two QPs, there should be two brief answers. If more than one QP/BA, you should number them (should be obvious, but if only one QP/BA, don’t need numbers).

Brief Answer(s) By convention, most writers begin each of the brief answers with a one- or two-word answer to the question. The answer is in the form of a sentence. The words that are typically used are “yes,” “no,” “probably,” or “probably not.” After this one- or two-word sentence, the writer then explains the answer in one, or sometimes two, sentences. ***Most common error is to forget to include the legal reasoning behind the answer. Double check = look for the word “because” in your answer.