2. Organization of Legal Memoranda Outline of Closed Memo Parts of Legal Memoranda

3. The Outline of the Memo Is due in class this Tuesday, Sept. 9. Is due in class this Tuesday, Sept. 9. Should cover ONLY the legal discussion or analysis section of the memo Should cover ONLY the legal discussion or analysis section of the memo Should be no more than two pages (double spaced) Should be no more than two pages (double spaced) Should include a cover page Should include a cover page

4. The Outline of the Memo Should resemble the sample outline. Should resemble the sample outline. Should include any necessary road-maps. Should include any necessary road-maps. Should include a place for case discussions, applications, counter-analysis and responses. Should include a place for case discussions, applications, counter-analysis and responses.

5. Introduction to Office Memoranda Lawyers communicate legal analysis by letters, motions, appellate briefs but most commonly with the office memo. Lawyers communicate legal analysis by letters, motions, appellate briefs but most commonly with the office memo. The office memo presents to a senior lawyer your analysis of the case at any given time. The office memo presents to a senior lawyer your analysis of the case at any given time.

6. Office Memoranda Be objective as opposed to persuasive. Be objective as opposed to persuasive. Evaluate strengths and weaknesses of the case. Evaluate strengths and weaknesses of the case. The office memo should enable the senior attorney to emphasize the stronger arguments and respond to the counter-arguments. The office memo should enable the senior attorney to emphasize the stronger arguments and respond to the counter-arguments.

7. Using a legal tone The objective tone of the memo, unlike a law school essay exam, should NOT convey a detached indifference to the outcome. The objective tone of the memo, unlike a law school essay exam, should NOT convey a detached indifference to the outcome. Be an advocate for your client. Be an advocate for your client. Do not abandon a client ’ s cause to readily but instead recommend ways to overcome weaknesses/counter-arguments in the case. Do not abandon a client ’ s cause to readily but instead recommend ways to overcome weaknesses/counter-arguments in the case.

8. Remember Your Audience: Most attorneys will not need a lesson in fundamental legal procedure, even if that was part of your research. Most attorneys will not need a lesson in fundamental legal procedure, even if that was part of your research. However, the attorney may not be a specialist in the field you are researching and thus will expect to receive core of information about the controlling law. However, the attorney may not be a specialist in the field you are researching and thus will expect to receive core of information about the controlling law.

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

10. The Six Parts of the Memo Serve to Accomplish the following: Identify the case and precise legal issues; Identify the case and precise legal issues; Record the known facts; Record the known facts; Identify and cite the important legal authorities; Identify and cite the important legal authorities; Provide facts, holding and reasoning of the precedent cases; Provide facts, holding and reasoning of the precedent cases; Present a legal analysis of the issues; and Present a legal analysis of the issues; and Predict the way a judge or jury might rule. Predict the way a judge or jury might rule.

11. The Legal Discussion Section: Threshold Issues The order in which you discuss your questions presented (legal issues) depends upon the particular problem or issue. The order in which you discuss your questions presented (legal issues) depends upon the particular problem or issue. Threshold questions always come first because their application dictates whether analysis of other legal rules are necessary. Threshold questions always come first because their application dictates whether analysis of other legal rules are necessary.

12. Structuring Your Legal Discuss: Organizational Building Blocks Structuring Your Legal Discuss: Organizational Building Blocks ISSUE ISSUE Draft Point-Headings Draft Point-Headings RULES RULES Use a Rule Paragraph and Road Map Use a Rule Paragraph and Road Map ANALYSIS/ APPLICATION ANALYSIS/ APPLICATION Use Sub-point headings or topic sentences and transitions Use Sub-point headings or topic sentences and transitions CONCLUSION CONCLUSION Integrate law/fact/reasoning in the prediction Integrate law/fact/reasoning in the prediction

13. Ordering the Issues For example, if a court lacks jurisdiction or if a statute of limitations has run, the issue of liability is irrelevant. For example, if a court lacks jurisdiction or if a statute of limitations has run, the issue of liability is irrelevant. If the problem does not involve a threshold question, argue your stronger issue first to win favor with the reader. If the problem does not involve a threshold question, argue your stronger issue first to win favor with the reader.

14. Structuring Your Legal Analysis: Organizational Building Blocks Structuring Your Legal Analysis: Organizational Building Blocks ISSUES ISSUES Draft Point-Headings Draft Point-Headings

15. Point- Headings : In Order to Create them you must: 1) Draft your Questions Presented; 1) Draft your Questions Presented; 2) Condense and translate your Questions Presented into Thesis Sentences using the format “ prediction- because- reasons ” ; 2) Condense and translate your Questions Presented into Thesis Sentences using the format “ prediction- because- reasons ” ; 3) Insert Thesis Sentences as Point- headings in your outline (I., II, III) 3) Insert Thesis Sentences as Point- headings in your outline (I., II, III)

16. 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? 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... Becomes... II. (Prediction) The court will likely find that Stumble did not provoke Oscar as defined by the statute because (reason) her conduct did not rise to the level required by case law. II. (Prediction) The court will likely find that Stumble did not provoke Oscar as defined by the statute because (reason) her conduct did not rise to the level required by case law. (How many point-headings will you have for your memo?) (How many point-headings will you have for your memo?)

17. Sub-Point Headings Sub-Point Headings Sub-points headings should be used for complex or multi-element Point-headings. Sub-points headings should be used for complex or multi-element Point-headings. Assume for example, that the law stated that provocation could be proved by either physical contact with a dog or by verbal harassment and teasing. Assume for example, that the law stated that provocation could be proved by either physical contact with a dog or by verbal harassment and teasing. Your Sub-Point heading might look like this: Your Sub-Point heading might look like this:

18. Sub-Point Headings Sub-Point Headings A. Stumble did not provoke Oscar by means of physical contact. A. Stumble did not provoke Oscar by means of physical contact. B. Stumble did not provoke Oscar by means of verbal harassment or teasing. B. Stumble did not provoke Oscar by means of verbal harassment or teasing. You will not need to include sub-point headings in your one-issue closed memo. You will not need to include sub-point headings in your one-issue closed memo.

19. Structuring Your Legal Analysis: Organizational Building Blocks Structuring Your Legal Analysis: Organizational Building Blocks RULES RULES Use Rule Paragraphs Use Rule Paragraphs

20. Rule Paragraphs If your rule of law comes from a statute the rule paragraph should quote and cite the statute. For example... If your rule of law comes from a statute the rule paragraph should quote and cite the statute. For example...

21. The Rule of Law Illinois Animal Control Act The Illinois Animal Control Act provides as follows: The Illinois Animal Control Act provides as follows: If a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained. 510 Ill. Comp. Stat. Ann. (West 1993) If a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained. 510 Ill. Comp. Stat. Ann. (West 1993)

22. Remember ! Statutory rule paragraphs, rule sentences and case discussions of precedent cases all go in the rules section. Statutory rule paragraphs, rule sentences and case discussions of precedent cases all go in the rules section. If you have multiple issues you will use IRAC to discuss each of them. (see board) If you have multiple issues you will use IRAC to discuss each of them. (see board)

23. Continue with a “ Roadmap ” “ Roadmaps ” are introductory paragraphs that tell your reader where you are going. (See hand-out) “ Roadmaps ” are introductory paragraphs that tell your reader where you are going. (See hand-out)

24. The Road-Map Paragraph The Roadmap paragraph makes it easier for the reader to follow the progression of your legal analysis by setting out a description of your discussion. The Roadmap paragraph makes it easier for the reader to follow the progression of your legal analysis by setting out a description of your discussion. Usually this includes identifying for your reader the statutory or common law elements which must be proved in the order you plan to discuss them and identifying which are “ at issue. ” Usually this includes identifying for your reader the statutory or common law elements which must be proved in the order you plan to discuss them and identifying which are “ at issue. ”

25. Example Four elements must be proven to place liability on a defendant under the Illinois Animal Control Act. The plaintiff must first prove that an injury was caused by a dog owned or harbored by the defendant. Next the plaintiff must prove that he or she did not provoke the attack but was peaceably conducting themselves at the time of the attack. Four elements must be proven to place liability on a defendant under the Illinois Animal Control Act. The plaintiff must first prove that an injury was caused by a dog owned or harbored by the defendant. Next the plaintiff must prove that he or she did not provoke the attack but was peaceably conducting themselves at the time of the attack.

26. Rule Paragraphs Remember that you can and should also use rule sentences to explain to your reader the applicable law and any analytical categories. Remember that you can and should also use rule sentences to explain to your reader the applicable law and any analytical categories. Also remember case discussions of the precedent cases goes in the rules section. Often they may help explain the elements of a statute. Also remember case discussions of the precedent cases goes in the rules section. Often they may help explain the elements of a statute.

27. Preparing Case Discussions 1) Introduce the case and set the stage by giving a sentence or two of the relevant facts: 1) Introduce the case and set the stage by giving a sentence or two of the relevant facts: In Frost (citation), the plaintiff sued a business when he was bitten by a dog owned by an employee. The owner-employee occasionally took the dog to work with him. The business did not feed the dog or in any way contribute to the dog ’ s upkeep. In Frost (citation), the plaintiff sued a business when he was bitten by a dog owned by an employee. The owner-employee occasionally took the dog to work with him. The business did not feed the dog or in any way contribute to the dog ’ s upkeep.

28. Preparing Case Discussions 2) Give the court ’ s holding and 3) any helpful reasoning: 2) Give the court ’ s holding and 3) any helpful reasoning: The court held that the business did not “ harbor ” the dog within the meaning of the Animal Control Act. (cite).The court explained that because the business did not harbor the dog, the could not have been a owner under the statute.(cite) The court held that the business did not “ harbor ” the dog within the meaning of the Animal Control Act. (cite).The court explained that because the business did not harbor the dog, the could not have been a owner under the statute.(cite)

29. Structuring Your Legal Analysis: Organizational Building Blocks Structuring Your Legal Analysis: Organizational Building Blocks ANALYSIS/ APPLICATION ANALYSIS/ APPLICATION Use point-headings and topic sentences/transitions. Use point-headings and topic sentences/transitions.

30. Organizational Plans Under each issue, select the organizational plan which best suites the content of your claims and issues. Under each issue, select the organizational plan which best suites the content of your claims and issues. The most common plan is one used for element analysis. (The elements may be from a statute or a common law cause of action.) The most common plan is one used for element analysis. (The elements may be from a statute or a common law cause of action.)

31. The Element Analysis With element analysis plan, begin your rule section by setting out the statute or identifying the common law elements. With element analysis plan, begin your rule section by setting out the statute or identifying the common law elements. Provide a road-map by identifying the elements which are not in dispute and then those which are disputed (in the order you plan to discuss them). Provide a road-map by identifying the elements which are not in dispute and then those which are disputed (in the order you plan to discuss them). For the elements which are in dispute, set out the applicable rules, case discussions, arguments and counter-arguments. For the elements which are in dispute, set out the applicable rules, case discussions, arguments and counter-arguments.

32. The Discussion Section The Discussion Section Statute/Statement of general rule/elements (ROAP MAP) Statute/Statement of general rule/elements (ROAP MAP) Undisputed element(s) Explain element(s) is(are) not in dispute First Disputed Element (I) 1.Rules/case discussions(R) Analogous cases 2.Arguments (A) 3.Mini-conclusion(C) Second Disputed Element

33. Topic Sentences and Transitions Topic Sentences and Transitions Use topic sentences to focus the reader ’ s attention on what will come next. (First, Next, etc.) Use topic sentences to focus the reader ’ s attention on what will come next. (First, Next, etc.) Topic sentences often appear as the first sentence of a paragraph and introduce a factor or legal category to be applied. Topic sentences often appear as the first sentence of a paragraph and introduce a factor or legal category to be applied.

34. Structuring Your Legal Analysis: Organizational Building Blocks Structuring Your Legal Analysis: Organizational Building Blocks CONCLUSION CONCLUSION Integrate law and fact in the prediction Integrate law and fact in the prediction

35. The Conclusion Section Your memo should contain mini-conclusions at the end of the discussion of lengthy elements and a conclusion section at the end of each issue which addresses the question presented. Your memo should contain mini-conclusions at the end of the discussion of lengthy elements and a conclusion section at the end of each issue which addresses the question presented. The reasoning of your conclusions should integrate the law with the facts of your client ’ s case as well as make predictions The reasoning of your conclusions should integrate the law with the facts of your client ’ s case as well as make predictions

36. Example The court will likely find that Host was an owner under the Illinois Animal Control Act. (Law) A person who harbors a dog can be classified as the dog ’ s owner within the meaning of the Animal Control Act. (Fact) 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. The court will likely find that Host was an owner under the Illinois Animal Control Act. (Law) A person who harbors a dog can be classified as the dog ’ s owner within the meaning of the Animal Control Act. (Fact) 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.

37. Example of a Conclusion: The court will likely find that Host was an owner under the Animal Control Act. (prediction) 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) 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) 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)

38. 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.

39. Example Finally, the plaintiff must prove that he or she had a legal right to be at the place where the injury occurred. Nelson v. Lewis, 344 N.E.2d 268, 270 (Ill. App. Ct. 1976). Because there is no dispute as to whether Stumble had a legal right to be on the property, this memo will address first whether Host is an owner and next whether Stumble provoked the dog under the statute. Finally, the plaintiff must prove that he or she had a legal right to be at the place where the injury occurred. Nelson v. Lewis, 344 N.E.2d 268, 270 (Ill. App. Ct. 1976). Because there is no dispute as to whether Stumble had a legal right to be on the property, this memo will address first whether Host is an owner and next whether Stumble provoked the dog under the statute.

40. 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. 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. 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. Do this by referring to the precise law under which the plaintiff is suing, and the key relevant facts.

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

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

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

44. The Rule of Law Illinois Animal Control Act If a dog or other animal,without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained. 510 Ill. Comp. Stat. Ann. (West 1993) If a dog or other animal,without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained. 510 Ill. Comp. Stat. Ann. (West 1993)

45. The Questions Presented Even though you do not have the benefit of having read the case law, what facts do you think are relevant to being classified as the dog ’ s owner within the meaning of the statute? Even though you do not have the benefit of having read the case law, what facts do you think are relevant to being classified as the dog ’ s owner within the meaning of the statute?

46. The Facts The Plaintiff, Sara Stumble, sustained injuries as a result of being bitten and pawed by a dog, Oscar, while Stumble was visiting the defendant, James Host, and sitting on the deck of his residence. Before the attack Host knew the dog well, regularly threw him table scraps and regularly brushed and checked him for ticks. Immediately prior to the attack, Stumble, 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.

47. 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? 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?

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

49. The Facts The Plaintiff, Sara Stumble, sustained injuries as a result of being bitten and pawed by a dog, Oscar, while Stumble was visiting the defendant, James Host, and sitting on the deck of his residence. Before the attack Host knew the dog well, regularly threw him table scraps and regularly brushed and checked him for ticks. Immediately prior to the attack, Stumble, 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.

50. 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? 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?

51. The Brief Answer Section The brief answers, answer the questions presented. 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 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. They do incorporate law and fact but do not fully explain the conclusion reached or include discussions of the relevant authorities.

52. 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, the court will likely find that Host did harbor Oscar and that he can be classified as the dog ’ s owner. (fact/application part) 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, the court will likely find that Host did harbor Oscar and that he can be classified as the dog ’ s owner. (fact/application part)

53. Statement of Facts The Statement of Facts introduces the legal problem by telling what happened. Therefore, use 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. only facts in this section;do not use conclusions, legal principles, or citations to authorities. If the problem for your memo is already in litigation, you should include its procedural history as well. If the problem for your memo is already in litigation, you should include its procedural history as well.

54. In a typical statement of facts there may be three different kinds of facts: 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, 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 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. Background facts necessary to provide the context for the other facts. Also identify any facts which are unknown Also identify any facts which are unknown

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

56. 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. 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. 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.

57. See Shapo exercise 7-A Which statement of facts is the best? Which statement of facts is the best? Example 1 is the best Statement of Facts. Example 1 is the best Statement of Facts. The first paragraph establishes the context. The first paragraph establishes the context. The second includes the facts relevant to Wheeler ’ s intent to change domicile to Connecticut. The second includes the facts relevant to Wheeler ’ s intent to change domicile to Connecticut. The last paragraph explains the issue that the writer has been asked to analyze. The last paragraph explains the issue that the writer has been asked to analyze.

58. See Shapo Exercise 7-B Which Question Presented and Brief Answer is the best pair? Which Question Presented and Brief Answer is the best pair? # 3 is the best. The QP sets out the cause of action and the relevant facts. The Brief Answer answers the QP, specifically refers to the facts raised in the QP, and links them to the legal standard for criminal contempt. (It should however start with, “ No,... “ ) # 3 is the best. The QP sets out the cause of action and the relevant facts. The Brief Answer answers the QP, specifically refers to the facts raised in the QP, and links them to the legal standard for criminal contempt. (It should however start with, “ No,... “ )