Organization of the Memo II The Question(s) Presented The Brief Answer(s) The Facts The Legal Discussion The Conclusion

Structuring Your Legal Analysis: Organizational Building Blocks ISSUES Draft Questions Presented RULES Use a Rule Paragraph and Road Map ANALYSIS/ APPLICATION Use Point and Sub-point headings, topic sentences and transitions CONCLUSION Integrate law/fact/reasoning in the prediction

Structuring Your Legal Analysis: Organizational Building Blocks ISSUES (Questions Presented)

Use “Under-does-when” for Questions Presented UNDER... (THE APPLICABLE LAW) DOES/IS/CAN... (INSERT LEGAL QUESTION) WHEN... (INSERT MOST IMPORTANT FACTS)

The Questions Presented Under the Illinois Animal Control Act, can Host be classified the dog’s owner within the meaning of the statute, when Host knew Oscar well, regularly threw table scraps to Oscar, and regularly brushed and checked Oscar for ticks?

The Brief Answer Section The brief answers, answer the questions presented. They give an indication of the degree of certainty the lawyer can provide, and a word or two of explanation. They do incorporate law and fact but do not fully explain the conclusion reached or include discussions of the relevant authorities.

Example of a Brief Answer Likely yes. (answer part) The definition of owner within the Illinois Animal Control Act includes one who harbors a dog. (law part) Because Host provided for Oscar a measure of care that only owners would do, the court will likely find that Host did harbor Oscar and that he can be classified as the dog’s owner. (fact/application part)

Statement of Facts The Statement of Facts introduces the legal problem by telling what happened. Therefore, use only facts in this section;do not use conclusions, legal principles, or citations to authorities. If the problem for your memo is already in litigation, you should include its procedural history as well.

In a typical statement of facts there may be three different kinds of facts: Legally significant facts that a court would consider significant either in deciding that a statute or rule is applicable, Emotionally significant facts that although not legally significant, may effect the way a judge or jury decides a case, and Background facts necessary to provide the context for the other facts. Also identify any facts which are unknown

Writing the Statement of Facts Begin with an introductory paragraph that identifies the parties by first and last name (and then by last names only) and the cause of action. Present the facts using chronological, or topical organizational schemes. The facts themselves usually dictate which type of scheme you should use.

Writing the Statement of Facts For example, if the case involves a series of events where the dates are important, then present the material chronologically. If however, there are a number of facts that are not related by date or a number of events occurring about the same time, then organize the facts topically.

See Shapo exercise 7-A Which statement of facts is the best? Example 1 is the best Statement of Facts. The first paragraph establishes the context. The second includes the facts relevant to Wheeler’s intent to change domicile to Connecticut. The last paragraph explains the issue that the writer has been asked to analyze.

Structuring Your Legal Analysis: Organizational Building Blocks RULES Use Rule Paragraphs

Rule Paragraphs If your rule of law comes from a statute the rule paragraph should quote and cite the statute. For example...

The Rule of Law Illinois Animal Control Act The Illinois Animal Control Act provides as follows: If a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained. 510 Ill. Comp. Stat. Ann. (West 1993)

Remember ! Statutory rule paragraphs, rule sentences and case discussions of precedent cases all go in the rules section. If you have multiple issues you will use IRAC to discuss each of them. (see board)

Continue with a “ Roadmap” “Roadmaps” are introductory paragraphs that tell your reader where you are going. (See hand-out)

The Road-Map Paragraph The Roadmap paragraph makes it easier for the reader to follow the progression of your legal analysis by setting out a description of your discussion. Usually this includes identifying for your reader the statutory or common law elements which must be proved in the order you plan to discuss them and identifying which are “at issue.”

Example Four elements must be proven to place liability on a defendant under the Illinois Animal Control Act. The plaintiff must first prove that an injury was caused by a dog owned or harbored by the defendant. Next the plaintiff must prove that he or she did not provoke the attack but was peaceably conducting themselves at the time of the attack.

Example Finally, the plaintiff must prove that he or she had a legal right to be at the place where the injury occurred. Nelson v. Lewis, 344 N.E.2d 268, 270 (Ill. App. Ct. 1976). Because there is no dispute as to whether Stumble had a legal right to be on the property, this memo will address first whether Host is an owner and next whether Stumble provoked the dog under the statute.

Marks v. Spartan Be sure to draft a road map paragraph for making terrorists threats for your memo, Marks v. Spartan.

Point- Headings : In Order to Create them you must: 1) Draft your Questions Presented; 2) Condense and translate your Questions Presented into Thesis Sentences using the format “prediction- because- reasons”; 3) Insert Thesis Sentences as Point- headings in your outline (I., II, III)

Translate the Questions into Point-Headings II. Under the Illinois Animal Control Act,did Stumble provoke Oscar within the meaning of the statute, when she grasped and stated “Oh!” as Oscar came onto the deck, and when as she stood up from her chair to pet the dog, Stumble lost her balance and tripped, hitting Oscar on the nose with her right hand? Becomes... II. (Prediction) The court will likely find that Stumble did not provoke Oscar as defined by the statute because (reason) her conduct did not rise to the level required by case law. (How many point-headings will you have for your memo? )

Sub-Point Headings Sub-points headings should be used for complex or multi-element Point-headings. Assume for example, that the law stated that provocation could be proved by either physical contact with a dog or by verbal harassment and teasing. Your Sub-Point heading might look like this:

Sub-Point Headings A. Stumble did not provoke Oscar by means of physical contact. B. Stumble did not provoke Oscar by means of verbal harassment or teasing. You will not need to include sub-point headings in your one-issue closed memo.

Rule Paragraphs Remember that you can and should also use rule sentences to explain to your reader the applicable law and any analytical categories. Also remember case discussions of the precedent cases goes in the rules section. Often they may help explain the elements of a statute.

Preparing Case Discussions 1) Introduce the case and set the stage by giving a sentence or two of the relevant facts: In Frost (citation), the plaintiff sued a business when he was bitten by a dog owned by an employee. The owner-employee occasionally took the dog to work with him. The business did not feed the dog or in any way contribute to the dog’s upkeep.

Preparing Case Discussions 2) Give the court’s holding and 3) any helpful reasoning: The court held that the business did not “harbor” the dog within the meaning of the Animal Control Act. (cite).The court explained that because the business did not harbor the dog, the could not have been a owner under the statute.(cite)

Structuring Your Legal Analysis: Organizational Building Blocks ANALYSIS/ APPLICATION Use point-headings and topic sentences/transitions.

Topic Sentences and Transitions Use topic sentences to focus the reader’s attention on what will come next. (First, Next, etc.) Topic sentences often appear as the first sentence of a paragraph and introduce a factor or legal category to be applied.

Revise the Statement of Facts Exercise (Handout):

Topic Sentence Example: Try and re-write the following paragraph with a Topic Sentence that 1) serves as a transition; 2) introduces the first analytical category of the application section; 3) applies the law to the facts in a way that is supported by the remaining sentences.

Re-write this First Draft The defendant, who was a student, lived in California. She attended school there. In order to use the precedent case, Jones, in which the defendant was able to establish domicile, we need to show that the defendant in our case intended to make California her domicile. By showing that her contacts with her parents home in Virginia were minimal, and that her parents had disowned her, we should be able to show intent.

This re-write includes a transition which introduces and applies a legal category. First, like the Defendant in Jones, the defendant established domicile because she intended to make the state where she attends school her home. The defendant, who lived in California, attended school there. Intent is established because her contacts with her parents home in Virginia were minimal, and because her parents disowned her.

Structuring Your Legal Analysis: Organizational Building Blocks CONCLUSION Integrate law and fact in the prediction

Example The court will likely find that Host was an owner under the Illinois Animal Control Act. (Law) A person who harbors a dog can be classified as the dog’s owner within the meaning of the Animal Control Act. (Fact) Because Host undertook to care for Oscar by feeding him on a semi-permanent basis, as well as regularly brushing him, Host provided a sufficient level of care to be considered an owner under the statute.