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Writing a legal memorandum relies on proper research.You must research thoroughly and carefully before you're ready to write a memorandum.
Don't use phrases such as "it seems that" or "it would appear that." This is equivocal language. The second option has become the preferred format since it's clearer for the reader to follow.
Assumptions If relevant questions go unanswered, you may be in a position where assumptions must be made. The discussion section is vital as it describes the law and its application to the case.
When laying out the format for a legal memorandum, note that the following sections should be included: The next step in creating the memorandum is deciding on a logical pattern of readability.
This means writing the research in a way that's easily comprehended and digested.
Use a numbering sequence in the heading; there will most likely be multiple legal memorandums attached to the case. Begin by answering with a "yes" or "no" and follow with a clear and concise explanation for why you gave the particular answer. Table of Contents It's helpful to make a table of contents for the reader.
A breakdown of the approach, structure, and analysis allows the reader to find specific parts of the memorandum quickly and easily.
The headings of your sections should correspond to the element of the rule that you will be analyzing within that section.
Preferably, the heading will be your Conclusion to that issue, phrased as a complete sentence.
¶ 1 - Your first sentence should clearly state the applicable Rule (or sub-rule) (I.e., "To prevail on her claim, the plaintiff must first prove that the defendant owed her a duty of care.") Your next sentence(s) should provide an Explanation of the Rule, which serves as a road map to your reader by informing your reader of the topics that you are going to address in the remainder of your analysis section.
Following your introductory paragraph comes your first analysis paragraph, where you will analyze the rule/issue identified in your previous paragraph by comparing case law facts and holdings to your facts.