Legal Research Briefs, Legal Memoranda and Legal Writing You have learned in previous chapters that part of the legal profession involves a large quantity of writing. Another type of legal memorandum is the appellate brief.
This case implies that the only name that is valid for PPSA registration is the name that is the legal name under the Change of Name Act. The Internal Legal Memorandum The first part of the internal legal memo is the heading, which usually looks like this: You would ascertain which facts are legally significant by referring to the factual criteria based on elements or factors in the legal authority relevant to the question — e.
The plaintiff has respectfully moved this court for summary judgment on the ground that there is no genuine issue of material fact and that the plaintiff is entitled to judgment as a matter of law. Summary When considered together and analyzed, the combined effect of this case law appears to be as follows.
Since you are not advocating for any side, you ought not color or characterize the facts as you would if you were writing a brief.
Attorneys took great pains to make language in documents as complicated as possible. Thus, in this case, if David Black was continuing to use that name, even though his birth certificate name is David Brown, then registration under David Black should be valid because it would be his common law name.
The short answer serves two functions: The bankrupt in that case had three given names, but was commonly known and referred to by only the second of the names.
Discussion An introductory or "umbrella" paragraph s is a helpful way to define the legal rule s that you will be analyzing. I The first step is to state the legal issue. Try to approach this section using rules synthesized from the cases, rather than simply listing a series of individual cases.
It will also point out a split of authorities or ambiguities in the law, if applicable. R The second step is to determine the applicable legal rule. If the legal issues are complex, you may even choose to further break up your analysis by subsections. Following your topic sentence, analyze cases that discuss that topic by stating the relevant facts and holdings from those cases.
This bibliography can be divided into sub-sections for legislation; jurisprudence; and secondary materials like textbooks and journal articles.
This involves further analysis and weighing of individual cases, distinguishing cases, making counter-arguments, and considering policy issues.
At the same time, it bears emphasis that the reader for whom you prepare the memorandum may be only one of several attorneys who will consult the memo, particularly if the legal question becomes the subject of litigation. The name of the judge or other information may be included in a miscellaneous section.
C The last step is to state your conclusion on the legal issue being discussed. This confuses the issue and would enable a court to distinguish our case from that of Mr.The Legal Memorandum Writing Process Proper research is the most important aspect of the legal writing process, and it should always be thoroughly accomplished prior to sitting down to write a legal memorandum.
Home / Writing & Analysis / Sample memorandum of law Sample memorandum of law.
This memorandum is provided for instructional purposes. It is not to be relied on as legal advice. Some law offices adopt their own format for a memorandum which may differ in some respects from the examples we have provided.
When in doubt, follow the conventions chosen.
Legal memos might not seem significant, but they are a direct insight as to how you think. It allows lawyers in a firm to get a measure of the depth of your research capabilities, how you process case law, and the quality of how you present your conclusions.
Briefs, Legal Memoranda and Legal Writing You have learned in previous chapters that part of the legal profession involves a large quantity of writing. Complaints, answers, discovery documents, motions and legal memoranda (sometimes called “briefs”) make up a large part of a court file.
/ Preparing a legal memorandum; Preparing a legal memorandum. A legal memorandum presents research and analysis and applies the research and analysis to particular facts.
A legal memorandum follows a general structure and follows certain conventions. The structure and conventions are discussed below, and a sample memorandum is included.Download