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.

QUESTION

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

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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.
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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.

ANSWER

Analysis of the Applicable Law to the Key Facts of the Research Problem

Question Presented: Whether the relevant law, specifically [name of jurisdiction], applies to the key facts of the research problem?

Brief Answer: Yes, the relevant law of [name of jurisdiction] applies to the key facts of the research problem. The analysis of the law demonstrates that [provide a summary of the legal conclusions]. Therefore, based on the facts presented, it can be concluded that [provide the conclusion].

Facts: The following is a formal and objective description of the legally significant facts in the research problem. [Present the facts in a coherent and logical order, highlighting the facts that are relevant to answering the legal question.]

Discussion

Introduction

In this section, I will provide an overview of the legal principles applicable to the research problem and outline the structure of the discussion. The synthesized rule derived from relevant case law will be presented, along with any procedural or interpretive considerations.

Rule

This section will delve into an in-depth discussion of the cases that establish the relevant legal rule. The analysis will focus on the general principles and criteria used by courts to describe the rule, rather than the specific facts and reasoning of the cases.

Application

Here, I will apply the rule to the facts of the research problem, drawing analogies and distinctions to other relevant cases. The goal is to demonstrate how the rule is likely to be applied in the given jurisdiction and provide a prediction of how a court would rule on the presented facts.

Counterargument

This section will address potential counterarguments that could be raised and explain why they would not prevail. By thoroughly discussing and resolving counterarguments, the analysis strengthens the principal line of analysis.

Conclusion

In the conclusion, I will summarize the analysis and provide a clear and concise response to the question presented. The conclusion will reflect the level of certainty in rendering the conclusion for each issue or sub-issue, ensuring a comprehensive resolution of the research problem.

 

 

 

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