April 26, QUESTION PRESENTED 1 Under New York law, 2 did 3 Loman's Fashions' description of a designer leather coat in an advertising circular constitute an offer 4 to sell the coat which became a binding contract when the text of the advertisement indicated that the coats were a "manufacturer's closeout" and that the early shopper would be rewarded, and when a shopper signified her intent to purchase the coat according to the advertised terms? The ad announced that the store would open at 7 a. The store manager declined, and the shopper filed a complaint in Small Claims Court, 9 alleging that Loman's had breached a contract by failing to sell the advertised leather coats at the advertised price.
Focusing on Your Audience The following documents offer some suggestions for drafting a predictive legal analysis. The suggested format for a law office memorandum, structure for a working draft, a sample memorandum, and an advanced sample memorandum exemplify a conventional structure, highlighting a specific legal question and its answer, followed by a recitation of legally significant facts - the facts upon which resolution of the legal question depends - and a discussion section that identifies the applicable legal rule, applies it to the facts of the case, and addresses likely counterarguments to the principal line of analysis.
Some law offices adopt their own format for a memorandum which may differ in some respects from the examples we have provided. When in doubt, follow the conventions chosen by the office in which you are working.
Even within the suggested format that we offer here, it is permissible and often appropriate to make choices - on how to frame the legal question, on the level of detail to include in the facts section, on the organization and scope of the legal discussion.
There is no single version of a memorandum that will serve all situations. The choices you make will be informed by the nature and level of complexity of the legal question, and the preferences of your intended audience, including your reader's expected level of familiarity with the underlying area of law under discussion.
At the same time, it bears emphasis that the reader for whom you prepare the memorandum may be only one of several attorneys who will consult the memo, particularly if the legal question becomes the subject of litigation. As the list of writer's questions included here suggests, keeping the needs and expectations of your possibly extended audience in mind is a key component of drafting an effective office memorandum.Nov 28, · The act of writing legal memorandum is pervasive in law.
you are writing to an insurance carrier to help them evaluate the potential liability of a lawsuit. There may be others, but these are the three instances where writing a high-quality memorandum is necessary. legal memorandum WRITE THE BELOW LEGAL MEMO: BE SURE TO FOLLOW THE GUIDE LINES.
MAKE SURE TO REFERENCE AND QUOTE lausannecongress2018.com MemorandumYou were recently hired to serve as a staff member for Senator S.
Ernie Walton, a junior senator from Virginia. Oct 22, · Writing a legal memorandum requires that you think like a lawyer. Accordingly, you must pay attention to detail and separate your personal emotions from your sound legal judgments. Essential to every legal memo is to thoroughly research the applicable law%(24).
A legal memorandum presents research and analysis and applies the research and analysis to particular facts. A legal memorandum follows a general structure and follows certain conventions. The structure and conventions are discussed below, and a sample memorandum is included.
Jul 02, · How to Write a Legal Memo Five Parts: Organizing the Facts Researching the Law Assembling the Argument Drafting the Memo Polishing the Memo Community Q&A A legal memorandum is a document written by a lawyer for the benefit of a client%(22).
12) Since memo writing is predictive writing, you should try to maintain an objective and impartial tone as you recount the facts.
This is not to say that you should omit facts that have an emotional impact.