Memorandum_of_Law....U.S_Abortion_law.
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Nov 24, 2024
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Memorandum of Law
Topic: United States' Abortion Laws
The Legal Memorandum
will be at least 4 in length. This does not count cover pages,
reference page, charts, graphs, appendixes, etc. APA for the citations, All APA rules must
be followed other than the fact that if used the provided template.
Legal Memorandum Format Sample
(Topic: United States' Abortion Laws)
Memorandum
TO:
FROM:
RE: RE: Name of client, and a short description of the subject matter of the memorandum
Memorandum Template
QUESTION PRESENTED:
BRIEF ANSWER:
FACTS:
DISCUSSION:
CONCLUSION:
Put the title of each subsequent section of your memo at the beginning of that section, in
all caps, and centered.
QUESTION PRESENTED:
The subject of the memo is a question: How does the relevant law apply to the key facts
of the research problem? Thus, the question presented is analogous to the issue or
question presented in a case brief. The question presented should be sufficiently narrow
and should be objective. It is usually one sentence, and often begins: "Whether
....
" or
"Does
....
" The question incorporates legally relevant facts as well as the rule involved.
Although questions are usually framed so that they can be answered yes or no (or
probably yes or probably no), sometimes they cannot (such as "Under New York law, has
a retailer made a binding offer when...?"). Always include the name of the jurisdiction
involved, e.g., New York, the Second Circuit.
BRIEF ANSWER:
The brief answer should clearly and fully respond to the question presented. Begin with
your conclusion: yes, no, probably yes, etc., if the question can be answered that way.
Then give a brief (usually no more than four or five sentences long) self-contained
explanation of the reasons for your conclusion. Summarize for your reader how the
relevant law applies to your significant facts. As a general rule, include no citations.
FACTS:
Provide a formal and objective description of the legally significant facts in your research
problem. The legally significant facts are the facts that are relevant to answering the legal
question presented. For example, in an issue involving whether a minor can disaffirm a
contract, a legally significant fact would include the nature of the item or service
contracted for (was it clothing, food, shelter, related to health care, etc.) and whether the
minor had access to the item in any case, without having to become contractually
obligated to pay for it. The description should be accurate and complete. Present the facts
in a logically coherent fashion, which may entail a chronological order. Include legally
significant facts - facts upon which the resolution of the legal question presented will
turn, whether they are favorable or unfavorable to the client for whom you are writing -
and include background facts that will make the context of the problem clear. In this
section, do not comment upon the facts or discuss how the law will apply to the facts. All
factual information that later appears in the discussion section of the memorandum
should be described in the facts section.
DISCUSSION:
This is the heart of the memo. Here, you need to educate the reader about the applicable
legal principles, illustrate how those principles apply to the relevant facts, and explore
any likely counterarguments to the primary line of analysis you present.
Begin with a short thesis paragraph that briefly identifies the issue and the applicable rule
(without elaboration), and restates the short answer. Follow with an introductory section,
which provides a map or framework for the discussion as a whole. The introductory
section should summarize and synthesize the rule, setting out all subparts of the rule and
clarifying how they relate to one another. When the synthesized rule is derived from case
law, the discussion of the cases should focus on general principles, on the criteria that
courts use to describe the rule, rather than on the specific facts and reasoning of the cases.
The introductory section is also where you would mention, if applicable, information
about the procedural posture of a case, about burdens and standards of proof, and about
rules of interpretation pertinent to the law you are applying. You should identify any
undisputed issues, and explain why they are not in dispute. Then state the order in which
the remaining issues or subparts of an issue will be discussed.
You should use "CRRACC" as a guide to constructing the discussion section. Use a
separate "CRRACC" for each issue or sub-issue.
After setting forth the conclusion and the rule, you should explain the rule by providing
an in-depth discussion of the cases from which the rule is derived. Your discussion of the
cases should be specific as to their facts and reasoning.
In your application section, you should compare the facts and the reasoning of the cases
to the facts of your client's situation. You need to analogize and distinguish the cases -
show why they are similar to or different from your client's circumstances. Be sure to
address any counterarguments that could be raised, but show why you believe they would
not prevail.
Ultimately for each issue or sub-issue you should conclude as to how you think a court
would likely rule on your facts.
The basic structure of the
discussion
section might look like this:
Short thesis paragraph: = C
Briefly restate the question and your answer
Introductory paragraph: = R
Provide a map or framework for the discussion as a whole, including statement of the
synthesized rule
Provide background regarding the general rule
Explain policy reasons underlying the rule
Explain any exceptions to the rule
Explain policy reasons underlying the exception(s)
In-depth explanation of the rule = R
Illustrate how rule has been applied in other cases
Application of law to facts = A
Analogize and distinguish other cases to your case
Counterargument = C
Discuss and resolve any counterarguments in favor of your principal line of analysis
Conclusion = C
Answer the question presented
CONCLUSION:
Summarize your analysis and conclusion to the question presented. Identify the level of
certainty with which you render a conclusion for each issue or sub-issue but be sure to
draw a conclusion even for closer questions. Do not provide citations. The conclusion
should be limited to one paragraph, and in some cases involving just one short issue, the
conclusion might not be necessary at all.
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Rubric Memorandum of Law
Criteria
Ratings (Points)
Issues or Questions Presented
30 pts----Includes clear legal issues and
jurisdiction, Includes most significant
facts
Brief Answer
40 pts
Clear conclusion/answers Includes some
key facts Uses and applies legal principles
Facts
60 pts
Includes all material facts Excludes
extraneous facts Includes unfavorable and
favorable facts Organized in logical
fashion Excludes legal conclusions or
arguments
Discussion
70 pts
Organizes around issues and sub-issues
Devotes amount and depth of analysis
consistent with authorities, Accurately
identifies rules, including sub-rules/sub-
elements/sub-issues and exceptions,
Selects appropriate authorities, Accurately
applies weight of authority, Describes the
rules using authorities, Explains the
reasons for the rules, Shows how the
analysis applies to facts, Explains why the
analysis applies to facts, Selects
appropriate reasoning methods (deductive,
inductive) based on rules, nature of law
and client facts
Conclusion
60 pts
Clear conclusion/answers, includes some
key facts, Uses, and applies legal
principles
Writing, format, followed instructions, use
of APA, ETC.
40 pts
No spelling or grammar errors noted.
Utilized proper APA in-text citations and
referencing.
(References PAGE at the end with all sources used CITED)