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What would my sources be when writing a memorandum?

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What would my sources...

What would my sources be when writing a memorandum?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Colorado

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Not any my teacher is very vague when explaining anything and its like pulling teeth to get him to be specific. There's 6 cases that are similar and I think I understand how to do the memorandum but not sure what sources to cite

Submitted: 9 months ago.Category: Legal
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Answered in 10 minutes by:
11/9/2017
Lawyer: socrateaser, Lawyer replied 9 months ago
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,143
Experience: Retired
Verified

Hello,

A memorandum of law provides:

1. a summary of facts.

2. an argument.

3. The argument states all potential legal issues, separately, followed by a discussion of the rule of law associated with each issue, an analysis that applies the facts to the law, and a conclusion concerning each issue. This is known as IRAC (issue, rule, analysis, conclusion).

4. There is also usually a summary conclusion at the end of the memorandum.

A memorandum is typically written to be either persuasive (i.e., to advocate for a particular result); or objective (to explain all sides of an issue without taking a position). Persuasive memos are used in pleadings; objective memos are used to inform a lawyer in a firm or a client about a particular case, and the potential for success/failure.

Case law is used to support the analysis. Not all case law is relevant to a particular issue, and that's where things get difficult. There may be many case law citations, but they may or may not support or oppose a particular issue, rule, analysis or conclusion. The goal of the author is to make certain that he or she finds all of the case law that works for or against a position, and argue in favor of the client's case. Failure to deal with all of the relevant cases is likely to be exploited by an adversary.

Also, the rules of professional conduct applicable to lawyers in every jurisdiction require that the lawyer provide all relevant case law for or against a position to the court. Most lawyers don't follow the rule, for obvious reasons, but the rule is there in case the court believes that an attorney is intentionally misrepresenting a client's position by failing to deal with relevant case law.

Sources of law include: judicial cases, statutes, regulations, restatements of law, scholarly treatises, law review articles, and Black's Law Dictionary.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Lawyer: socrateaser, Lawyer replied 9 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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