Black to white ratio data is computed from the five-year American Community Survey from the U.
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. Attorneys took great pains to make language in documents as complicated as possible.
One of the reasons legal writing was so complicated was because attorneys wanted to cover their bases and make sure that their documents were as complete as possible.
The brief will give the attorney the information he or she requires, to decide whether the case is relevant and worth spending the time to read in depth.
A brief, in this context, is a form of taking notes and includes a variety of sections. When writing a case brief, begin with the name and citation of the case.
The first section of the case brief usually contains a description of the facts of the case. The second section will contain a brief description of the procedural history of the case, that is, a short description of what happened at the trial level and at the appellate level, or what types of motions were filed and when.
The third section usually contains a short statement of the main issue or issues that the case addresses. The fourth section usually contains the holding of the case, i.
The name of the judge or other information may be included in a miscellaneous section.
Additionally, any concurrences or dissents should receive some discussion. Briefs should not be longer than one to two pages long and should be easy to read so that the reader does not have to spend much time understanding the reasoning of the case.
The Legal Memorandum You have already learned, in previous chapters, about the use of legal memoranda. To recap, legal memoranda are used in connection with motions, both pre-trial and post-trial.
Occasionally, during trial, the court may ask for a memorandum on a particular legal issue. The courtroom, however, is not the only arena in which legal memoranda can be involved.
Attorneys will often ask clerks or associates to prepare a legal memorandum about a particular legal issue. This memorandum is used within the law firm and serves to inform the attorney about the legal issue, and includes citations to legal authorities.
It will also point out a split of authorities or ambiguities in the law, if applicable.
It is important that the attorney to whom the memo is addressed is informed of all aspects that are relevant to the issue, not just information that is favorable to your side of the case.
The Courtroom Legal Memorandum This particular memorandum is a persuasive document. The memorandum must include a legal argument and should contain legal citations that support the legal arguments being put forward in the memorandum.
However, it should be noted that attorneys have an ethical duty to disclose any and all binding legal authority that is contrary to their position in their documents.Read this essay on Case Memo – Case 3: After the Breakup: the Troubled Alliance Between Volkswagen and Suzuki.. Come browse our large digital warehouse of free sample essays.
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