Memorandum Of Law

Question: What questions should a paralegal ask before preparing a memorandum of law or a brief? What questions should a paralegal ask before preparing a memorandum of law or a brief?

Answer: For the memorandum of law, a paralegal should ask: What is the current law on? What happens if? What is the procedure for? Before starting, paralegals must be sure to have all the relevant facts, then restate what they believe they are being asked to research in the form of a statement of the question.

Question: Can someone tell me what the difference between a case brief and a internal memorandum of law is? I am researching the difference and similarities of a case brief and an internal memorandum of law. Any help?

Answer: I assume you are referring to the difference between a legal analysis/argument submitted to the court and provided to the other parties (a case brief) and a confidential legal analysis done for internal purposes, to be shared only with members of the firm and possibly the client. Both would be based on legal research and application of the law to the facts. A brief sets out the argument in support of your client. An internal memorandum would also likely analyze the strengths and weaknesses of both the client's case and the opponent's case.

Question: Where to find a Memorandum Of Law? If anybody could tell me a good website or a method to finding a specific Memorandum Of Law, that would be great. Thanks!

Answer: Most MOL's are filed in specific court cases. If you know the specific court, names of the parties & case number and the court's files are on-line (very rare except in Federal courts for the last few years) you can look it up. If it's not on line you can go to the court & ask for the file. If you don't have that info you are pretty much out of luck unless you subscribe to one of the major Legal Research databases such as WestLaw or Lexis or you want to pay their astronomical charges for a pay as you go search.

Question: How would knowing the intended audience influence the writing of a memorandum of law or a brief?

Answer: The question is "how wouldn't it?" If you're writing to a group of average joes, then you need to cut out the legalese and write in plain English. If you're writing to the Supreme Court, then not only do you have strict format requirements to follow, but you will need to be at the top of your "A" game. Lots of tedious research, well thought out arguments, and support for everything.

Question: What questions should a paralegal ask in preparing a memorandum of law or a brief?

Answer: Is this homework? We don't do homework here on Y/A - it is sort of an unspoken rule. Ask your teachers/professors. Read your textbooks. Ask your classmates.

Question: Is preparing a memorandum of law for a supervising attny. a unauthorized practice of law? So then would you say recommanding a choice of forms to a client is a UPA?

Answer: I doubt it. If it was he wouldn't have you do it.

Question: What is the typical length of a memorandum of law in an office?

Answer: It really depends on what issues are being discussed, the number of issues, the amount of case law available on the topic, etc.; however, I would generally say a memorandum of law could be anywhere from 10 - 30 pages.

Question: How are the memorandum of law and the court brief similar, and different?

Answer: They are similar in that they both analyze the law on a particular subject or situation. They differ in that the memorandum is supposed to be an objective evaluation of the law to inform someone on the current state of the law on the subject. It is supposed to be unbiased and neutral. A brief, on the other hand, is a persuasive document that uses case law to bolster its position. A brief is filed with a court by a party to convince the court to rule in favor of the drafter of the brief. I hope this helps!

Question: What is the purpose of a memorandum of law?

Answer: Generally, to provide the judge with the law and analysis that will guide the judge in making a decision.

Question: What are the elements of a memorandum of law and a brief?

Answer: A memorandum of points and authorities is a formal brief in proper format, like an appellate brief. A memorandum of points and authorities contains the following, typically: 1. A cover page containing the style of the case, the case number, a description of the brief (initial or opening brief, answer or reply brief, or response brief, or supplemental, etc.). 2. Usually some certificate of compliance identifying the interested parties in the case. 3. Table of Contents describing the contents and listing the issues raised, argument and showing the page number and if an index is provide, index information. 4. In some courts, a request for oral argument is contained in the brief and in others its a separate document. 5. Table of Citations of Authority (in alphabetical order). Typically by cases cited and then statutes, then rules and constitutional citations. 6. A foreward describing the contents of the brief, identifying the parties, and record. 7. A statement of the case and of the facts, which outlines the procedural posture of the case up to appeal, then after that a summary of the case, a jurisdictional statement telling the court why it has jurisdiction, and then the argument which includes points raised. 8. There is usually a conclusion at the end and probably a certificate of typefont and a certificate of service, and likely a signature line for the lawyer submitting the brief. An informal memoranum of law, includes a short statement of the procedural background, the issues presented, rule of law applied, argument analysing the case under the issues and laws, and a conclusion. Informal memoranda are filed in a case usually at the trial level, but many trial courts require that it be in formal form rather than informal form.

Question: can you show me a copy of a memorandum of law written ? I need to write a memorandum of law for act MCL 722.3 michigan age of majority

Answer: Here is a sample:

Question: what is a memorandum of law? i have to prepare a memorandum of law on Baehr v. Lewin, State v. Baker and Goodridge v. Department of Public health along with answering some questions. What does a memorandum of law look like? is it like righting a BRIEF? is it different? what is the format for the memo for the cases? can you provide links if possible that shows what the memorandum of law format looks like for law cases? Do i just use the IRAC format for the memo of law IRAC = ISSUE, RULE, APPLICATION, CONCLUSION

Answer: A Memorandum of Law is a pleading that is filed which usually accompanies another Motion. For instance, many people file a Motion for Summary Judgment and attach a Memorandum of Law, Statement of Undisputed Material Facts and maybe an Affidavit along with it. Or they could file a Motion to Remand and attach a Memorandum of Law in Support of their Motion to Remand. A Memorandum of Law usually has an introduction in which briefly states your case, then a statement of facts pertaining to your case, then an argument. I would assume that you are supposed to write a MoL in support of the ruling on Baehr v. Lewin? You would just set it up like a normal pleading with the case heading, case number, and all that jazz and then write your Memo! Basically yes to the IRAC. But you will probably have some sub-issues that need to be addressed. A Memorandum of Law is obviously more complex than say a memo that you are sending inter-office that you can just use the IRAC outline on.

Question: In a civil equity case involving a noncompete, why do judges ask for memorandum of law and case law? Is this how they make their decisions and see who proved their case.

Answer: It makes their job easier. If they have memoranda of law from both parties, it means that their law clerks do not have to do as much work. It also enables them to focus more on the issues involved.

Question: Memorandum of Law for Federal Court? I am the pro se Plaintiff in a Breach of Contract, Unjust Enrichment lawsuit that I have filed in federal court. The contract was signed between an Ohio domiciled party and a Florida domiciled party. My question is this: When I am preparing a Memorandum of Law for the Federal Court (Florida, Northern district), can I cite relevant cases from all 50 states or just from Florida and Ohio? I prefer than an attorney to answer this question. Thank you.

Answer: From a lawyer. You should cite authority from the circuit court of your jurisdiction but preferably from the U.S. Supreme Court. You can cite cases from any circuit but your circuit cares more authority. Make sure you use Shephard's Citations to determine has not been overruled or explained against your point. Only cite authority that has been upheld. Don't waste time citing minority opinions. I suggest that you write the memorandum and then try to find a law school website where you can post a question to law students and see if one of them will check your memo for the research and writing aspect of it. You also may want to see if an appeals lawyer might be willing to review it pro bono. Lawyers are required to do pro bono work, urge that in any communication to a lawyer. Don't pay any attention to people saying you must have a lawyer, it sounds like you know what you're doing and these people have no idea of your circumstances. I think I understand your circumstances, so more power to you.

Question: Does anyone have a memorandum of law for a dog bite case? Looking to see an example of a memorandum of law - I am working on a research paper for a dog bite case Fullerton v. Conan 87 Cal.App.2d 354

Answer: Actually I did a dangerous dog one for my case when a neighbor tried to say I had a dangerous dog (not dog bite personal injury case - and I don't have a dangerous dog...)..it worked, case got dismissed..I can probably find it and email it to you or something (if I can find it!)...just shoot me an email...but it's "dangerous dog" not "dog bite" (I'm not a lawyer and we are in a small town...but the Judge and Chief know me and that probably helped...it's definitely not "real court" material..but an outline nonetheless..) If you haven't found anything on the Internet I can check my notes..I might have one on file..(I read a GREAT book on writing briefs..shoot forgot what it was called....here it is... The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Court by Bryan A. Garner If you're going into law I totally recommend it...and it's an easy read..I read it in a day or two..not a lot of legalese.. Here's some links: Memo of law for insurance: http://209.85.173.104/search?q=cache:gZ4HIYpKYhoJ:www.lawfinders.com/pdf/memorandum%2520in%2520opposition%2520to%2520demurrer.pdf+example+memorandum+of+law+dog+bite+case&hl=en&ct=clnk&cd=4&gl=us&client=opera Dog Bite Case decision: http://www.animallaw.info/cases/causfd874fsupp1051.htm here's search results for memorandum of law from that website http://www.google.com/custom?q=memorandum+of+law&sa=go&cof=GIMP%3A%23990000%3BLW%3A209%3BL%3Ahttp%3A%2F%2Fwww.animallaw.info%2Fcommon%2Fcom_img%2Flogo_sm.gif%3BLC%3A%23006633%3BLH%3A50%3BAH%3Aleft%3BS%3Ahttp%3A%2F%2Fwww.animallaw.info%3BAWFID%3A99dec95136c0f0e6%3B&domains=animallaw.info&safe=vss&sitesearch=animallaw.info This is a dog bite decision (just and fyi in case you want it) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ma&vol=appslip/98p2311&invol=1 Float through here a bit: http://www.findlaw.com/casecode/ YAY!!! Here's one!!!! Memorandum of law on dog bite! (I think..didn't read all the way through..)AND it's appellate court...(pdf file) http://www.nycourts.gov/courts/appeals/decisions/mar08/43mem08.pdf Maybe float through decisions here: http://www.uscourts.gov/districtcourts.html This website is great once you find the right places to navigate: http://www.law.cornell.edu/ Have fun! (I worked in a personal injury law firm that did dog bite cases)

Question: The final sections of a Legal Memorandum? I lost my example handout for this Memorandum of Law I wrote and I got all the way up to the Analysis but I don't remember what comes after Analysis, I think there is about two more sections. If anyone knows please write me and let me know. Thanks everyone.

Answer: Different templates vary. After the analysis of relevant law for each point, there is the summary -- which is obvious. Depending on the template, some put the Table of Authorities at the end, rather than at the beginning after the Table of Contents. Also some add an appendix where the text of relevant statutes are copied verbatim. Some templates put that at the beginning as well. So, basically, if you don't yet have a Table of Authorities, or an Appendix of Statutes, add those at the end, after the Summary.

Question: How are memorandums of law and appellate briefs the same and how are they different?

Answer: A "memorandum of law" is a document used to present legal arguments to the court in any type of case and at any point of contention. Memorandums cite things (laws, precedents) that argue the point in favor of that side. An "appellate brief" is a memorandum used to present the argument that the legal error(s) of a previous ruling is sufficient to warrant a reversal.

Question: if disqualified from one Law Enforcement Agency....? I was disqualified from one agency for not admitting on my pre-application for the use of PCP and put it on my background paper work. I had a 50/50 chance and was disqualified. Will other agencies find out if I applied for other agencies and can I petition the matter that I was honest and that my record was sealed. According to The MEMORANDUM LAW weather I admit or they find out they can't use it against me under Penal code !@#$%%^. However, I believe that each agency likes to weed people out.

Answer: Since each agency will do their own background investigation, including checking on potential employers you've applied to before, I cannot say that any given agency won't find out about the drug use from the first agency. Generally, prior drug use - especially "hard" drugs like PCP - will disqualify you from consideration. Were it me, I'd set my sights on a different career path. This one will come back to haunt you eventually. - Stuart

Question: describe one way of organizing a memorandum where the controlling law is found pimarily in case law?

Answer: FACTS Issues Discussion Opinion

Question: what is the purpose of a joint pretrial Memorandum? My ex mother-in-law is taking me to court for visitaion? She wants grandparent visition, I live in FL so she is taking me to court, today I got a order setting non jury trial and a joint pretrial memorandum, confused as to why the memorandum, it is asking questions about husband and wife, date of the marriage when separted and about assets and debts child support and all kinds of other infor, why?? is this normal for grandparent visitation? Please help

Answer: My brother I know has used this site. http://www.localfloridaattorneys.com/Category/Custody-Support-Law/ It may help with your situation.