Organization of Legal Memoranda

1. Organization of Legal Memoranda Part II

2. Six Parts of an Office Memo • Heading • Questions Presented • Brief Answers • Facts • Legal Discussion • Conclusion

3. Informational Heading To: Dan Powell, Senior Partner From: Jay Jay, Junior Associate Date: September 16, 2003 Re: Stumble v. Host _______________________________________________ The heading should identify the author, recipient, the subject matter (in a way that it can be later filed or identified) and the date.

4. The Questions Presented • Questions presented pose the precise legal issues in dispute. They should appear in the same order as the topics in your discussion section. • They should also link rules of law to the relevant facts of the client’s case. • Do this by referring to the precise law under which the plaintiff is suing, and the key relevant facts.

5. COMPARE: • (FACT) Is the contract for sale of real property between Mr. Jones and Mrs. Smith valid? • (LAW) Under Alabama common law, is a contract between a mentally incompetent adult and his guardian valid? WITH • (LAW and FACT) Under Alabama common law, is the contract for sale of real property between Jones, a mentally incompetent adult and his guardian, Smith valid.

6. Use “Under-does-when”for Questions Presented • UNDER . . . (THE APPLICABLE LAW) • DOES/IS/CAN . . . (INSERT LEGAL QUESTION) • WHEN . . . (INSERT MOST IMPORTANT FACTS)

7. The Rule of LawIllinois Animal Control Act • If a dog or other animal,withoutprovocation, attacks or injures anyperson who is peaceably conductinghimself in any place where he maylawfully be, the owner of such dog or other animal is liable in damagesto such person for the full amount ofthe injury sustained. 510 Ill. Comp. Stat. Ann. (West 1993)

8. The Questions Presented • Under the Illinois Animal Control Act, can Host be classified the dog’s owner within the meaning of the statute, when Host knew Oscar well, regularly threw table scraps to Oscar, and regularly brushed and checked Oscar for ticks?

9. The Questions Presented • What facts are relevant in determining whether the dog was provoked under the statute?

10. The Questions Presented: • Under the Illinois Animal Control Act,did Stumble provoke Oscar within the meaning of the statute, when she grasped and stated “Oh!” as Oscar came onto the deck, and when as she stood up from her chair to pet the dog, Stumble lost her balance and tripped, hitting Oscar on the nose with her right hand?

11. For Writing The Questions Presented • Isolate the specific legal issue. • Do not make legal conclusions. • Keep the question to a manageable length. • Keep it readable by moving from the general to the specific.

12. Translate the Questions into Point-Headings • II. Under the Illinois Animal Control Act,did Stumble provoke Oscar within the meaning of the statute, when she grasped and stated “Oh!” as Oscar came onto the deck, and when as she stood up from her chair to pet the dog, Stumble lost her balance and tripped, hitting Oscar on the nose with her right hand? • Becomes . . . • II. (Prediction)The court will likely find that Stumble did not provoke Oscar as defined by the statutebecause(reason)her conduct was unintentional and disproportionate to Oscar’s attack.

13. The Brief Answers Section • The brief answers, answer the questions presented. • They give an indication of the degree of certainty the lawyer can provide, and a word or two of explanation. • They do incorporate law and fact but do not fully explain the conclusion reached or include discussions of the relevant authorities.

14. Example of a Brief Answer • Likely yes. (answer part)The definition of owner within the Illinois Animal Control Act includes one who harbors a dog. (law part)Because Host provided for Oscar a measure of care that only owners would do, such as throwing table scraps to Oscar, and regularly brushing him and checking him for ticks, the court will likely find that Host did harbor Oscar and thus that he can be classified as the dog’s owner. (fact/application part)

15. Statement of Facts • The Statement of Facts introduces the legal problem by telling what happened. • Therefore, use only facts in this section; do not use conclusions, legal principles, or citations to authorities. • Include procedural history as well if your problem is in litigation.

16. In a typical statement of facts there may be three different kinds of facts: • Legally significant facts that a court would consider significant either in deciding that a statute or rule is applicable; • Emotionally significant facts that although not legally significant, may effect the way a judge or jury decides a case; and • Background facts necessary to provide the context for the other facts. • Also identify any facts which are unknown.

17. Writing the Statement of Facts • Begin with an introductory paragraph that identifiesthe parties by first and last name (and then by last names only) and the cause of action. • Present the facts using chronological, or topical organizational schemes. • The facts themselves usually dictate which type of scheme you should use.

18. Writing the Statement of Facts • For example, if the case involves a series of events where the dates are important, then present the material chronologically. • If however, there are a number of facts that are not related by date or a number of events occurring about the same time, then organize the facts topically.

19. The Conclusion Section • Your memo should contain mini-conclusions at the end of the discussionof lengthy elements and aconclusion section at the end of each issue which addresses the question presented. • The formula for the conclusions is to repeat your prediction, give the law and then respective conclusions via use of the analytical categories.

20. Example of a Conclusion: • First, the court will likely find that Host was an owner under the Animal Control Act. (prediction) • A person who harbors a dog can be classified as the dog’s owner within the meaning of the Animal Control Act. (law part) • Because Host undertook to care for Oscar by feeding him on a semi-permanent basis, as well as regularly brushing him, Host provided a sufficient level of care to be considered an owner under the statute.(fact/application part)