What Is the Difference between a Brief and a Memorandum of Law

To: Name of the person who assigned the research project DE: Your name DATE: Date of submission of the MEMORANDUM RE: Name of the client and a brief description of the subject matter of the brief This document contains a brief description of a way to write an office memo. The format and structure may vary somewhat from one law firm to another (and here at the law school from one professor to another). Once you`re in practice, you can customize the format to suit the needs of your desktop. The party appealing – called the applicant or appellant who is trying to persuade the Court of Appeal to overturn the lower court`s decision – is responsible for first filing their brief. The referred party – the respondent or appellant who is satisfied with the lower decision – then submits a response within a specified period of time. Depending on local procedural rules, the court may allow or even require the parties to subsequently file additional responses to the opposing party`s pleadings, thereby multiplying the parties` responses in both directions. Depending on local regulations, the court may then rule on the case solely on the basis of the pleadings submitted or hear the oral proceedings of the parties. It is not absolutely necessary to include a brief presentation of the facts that raise the issue, but it is rarely a bad idea to do so. If the memo deals specifically with the relevant law and then applies it to the facts that cause the problem, it must also discuss the facts, otherwise the memo will not be as effective.

If the memo is a strict discussion of the law, the facts may not matter; However, they will always provide a frame of reference. Since solving a legal problem can raise a seemingly tiny fact, it is often useful to incorporate facts. The use of such special bags eventually led to the briefcase. Legal notes are sometimes referred to as “letters.” However, the word “short” has a different meaning – it refers to a brief summary of a case. For example, instead of reading a 25-page case, many lawyers will ask their social workers (or staff) to summarize a case – or “brief” the case. The letter gives the lawyer the information they need to decide if the case is relevant and is worth taking the time to read it carefully. The beginning of the first page of a memorandum submitted to the court should have the correct title, as required by the court`s local rules, followed by the correct title of the memorandum. The Agency`s standard memorandum generally includes the following sections: This particular memorandum is a compelling document. The memorandum must contain a legal argument and must contain legal quotations that support the legal arguments put forward in the memorandum. However, it should be noted that lawyers have an ethical duty to disclose any binding legal power that contradicts their position in their documents. Of course, it will often be up to the author of the memorandum to try to convince the court that the opposite should not be applied to the facts of this case.

Most of the memo is the discussion section. In this section, all legal analysis as well as any application of the law to the facts giving rise to the problem is carried out. As explained above, all lawyers have an ethical duty to inform the court of their authority that contradicts their position; Therefore, it is important that the domestic legal memorandum addresses all aspects of an issue, including the conflicting authorities. Memo: To: (Your name) By: Supervisory Attorney Re: U.S. v. Clem, Cr. 2002-122 For several months, local police and Drug Enforcement Administration (DEA) agents conducted an investigation into alleged drug-related activities at the home of defendant Denise Clem. Based on information provided by an informant, DEA agents searched garbage bags at the accused`s home.

The bags were located next to a tree, about ten feet from the accused`s house and twenty feet from the public sidewalk. The officers did not have a search warrant. Garbage is usually picked up by garbage collectors on the sidewalk. Garbage collectors, who usually pick up garbage, said they sometimes pick up bags next to the tree if they weren`t late. .

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