Applying Legal Authority and Reasoning — Identifying the Issue

 

The purpose of legal memoranda is that it is used in the connection of motions in pre trials as well as in post trials. It is prepared by clerks or associates under the instructions from their attorneys in relation to a particular legal issue. The memorandum plays the role of informing the attorney about legal issues as well as legal authorities involved in a certain case. The Legal Memorandum is also used to identify ambiguities in the law or a split of authorities.

It is different from a brief in that a brief is a short synopsis of a case. A brief is simply a summary of a case that gives the attorney the information required to determine whether the case is relevant or irrelevant to spend time in. A brief is prepared in a note taking format and it is normally subdivided into subsections. It contains the name and the citation of the case plus a brief description of what happened at different levels of trial in court rooms. It also includes an analysis of the discussions held in court. A brief is prepared in a way that it is simple to read thereby making it one to two pages long.

The internal memorandum law is written objectively and it is mainly intended for a specific client or lawyer. The importance of this internal memorandum law is that it is used by lawyers to determine the progress of a case. It is also useful to clients in that it helps clients to understand and determine their probabilities of winning or losing the case at hand. The legal memorandum is therefore useful both inside the courtroom and outside the courtroom.

 

 

 

 

References

Briefs, Legal Memoranda and Legal Writing… Retrieved January 20, 2016, from http://nationalparalegal.edu/public_documents/courseware_asp_files/researchLitigation/LegalResearch/Briefs&Writing.asp

 

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