legal memo 法律备忘录(8)

legal memo

Briefly restate the question and your answer

Introductory paragraph: = R

Provide a map or framework for the discussion as a whole, including statement of the synthesized rule

Provide background regarding the general rule

Explain policy reasons underlying the rule

Explain any exceptions to the rule

Explain policy reasons underlying the exception(s)

In-depth explanation of the rule = R

Illustrate how rule has been applied in other cases

Application of law to facts = A

Analogize and distinguish other cases to your case

Counterargument = C

Discuss and resolve any counterarguments in favor of your principal line of analysis

Conclusion = C

Answer the question presented

CONCLUSION

Summarize your analysis and conclusion to the question presented. Identify the level of certainty with which you render a conclusion for each issue or sub-issue, but be sure to draw a conclusion even for closer questions. Do not provide citations. The conclusion should be limited to one paragraph, and in some cases involving just one short issue, the conclusion might not be necessary at all.^

Structure for A Working Draft

1. Caption

2. Question Presented

3. Brief Answer

4. Facts

(list legally significant facts and important background facts)

5. Discussion

- Thesis / introductory paragraph

(list cases that set out general framework for analyzing issue)

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