Mentor: This statement is clearly written. What is not clear, however, is the logical connection between the first set of facts enumerated and the main legal criteria – whether there is harm to the defendant. Something is missing here. I want you to rewrite it to make the connection clearer. Although the „Question Asked” section is short, it should (i) contain a concise reference to the legal claim and relevant doctrine, and (ii) contain the most legally important facts of your case. A comprehensive and balanced question is concise – it immediately goes to the heart of the legal question – and directs the reader to the real context. You should only include topics for which there is a factual or legal issue that you need to analyze in the discussion. Mentor: Here is a problem statement that starts well because it specifies the legal test; There must be a link between the delay and the defendant`s ability to achieve an appropriate result. However, he cites a central question of fact – if there is a negative effect – as a conclusion. The statement is not neutral. Please rewrite this. The client asks questions such as „Will I win?”, „Am I going to jail?”, „Am I responsible?” or „Will I be deported?” 6) The short answer contains a clear answer to the question (i.e. a prediction) and an explanation of that answer.
The balanced description of the law and the facts that you give in the question submitted should be reflected in the short answer. 12) Since writing memos is predictive writing, you should try to maintain an objective and unbiased tone while telling the facts. This is not to say that you should leave out the facts that have an emotional impact. On the contrary, the factual portion of a memorandum should not be written in a tone that expresses a preference for a particular theory of the case, implicitly advocates a disputing party, or telegraphs any of the legal conclusions to be drawn in the discussion section. Since you are not defending a page, you should not color or characterize the facts as you would if you were writing a letter. Also, do not comment on the facts in the facts section or discuss how the law applies to them. Experienced legal writers expect to rephrase the topic section when reviewing the discussion section. While the first version of the editions helps the author structure the discussion, the iterative process of reflection and writing often changes the content and structure of the legal problem. The question must be precise, complete and direct. The discussion section of a legal brief should be structured in the same way you would write a legal review. Just as with a legal review, you must assume that the reader has a basic understanding of the law (so you don`t have to explain basic legal principles), but that the reader does not know the exact legal rules and facts that your factual model is about. As in an audit, you should educate the reader on the applicable legal principles, illustrate how those principles apply to the relevant facts, and consider counter-arguments.
Some legal experts recommend this format because the structure acts as a checklist. If you follow the format, you`ll be sure to cover the law, the facts, and the question to be answered. As a general rule, you should not fall below the level of subtopics. Two levels of questions are almost always enough to analyze a legal issue and allow your readers to follow your analysis. If the qualification period is long, i.e. Over 60 words, convoluted and/or grammatically cumbersome – we usually suggest that the lawyer put an introductory paragraph before the question, and then put a reduced version of the question next to the introductory paragraph. SCP at 454-55. There has been a movement in the legal community towards this practice. Cooper, p. 338 („Over the past twenty-five years, litigants have made greater use of opening statements.”). In addition to clarity, the introductory paragraph has an additional advantage: it allows the petitioner to highlight the relevance of the issue, for example: whether the subsequent tribunal created a circular conflict or whether the matter is of national importance. In this example, the author has entered the legal criteria and added other facts to support the issue.
13) The main section of the discussion initiates or initiates your first section of in-depth legal analysis; For example, the most important facts and topics are reformulated and the general legal rule is introduced. Notice how the author draws the reader`s attention to the core of the doctrine that general ads are legally treated as invitations to negotiate rather than offers. 7) Start the short answer with your conclusion: yes, no, probably yes, etc., if the question can be answered that way. Then give a brief explanation (usually no more than four or five sentences) of the reasons for your conclusion and apply the rule to the facts of your case. As a general rule, they should not contain quotations. This would not be a neutral question, as the key question (was he wrongly imprisoned?) is given as a conclusion. Supreme Court Rule 14 describes the content of the Question Period page. The qualified person`s period must be „expressed concisely according to the circumstances of the case, without unnecessary detail. [and] should be brief and should not be argumentative or repetitive. S.
Ct. R. 14.1 (a). This rule is not the only guide provided by the Court. In Yee v. City of Escondido, 503 U.S. 519, 535 (1992), the Court stated that parties seeking review are not bound by the manner in which the question has been framed by the lower courts. And although the Court has sometimes reformulated the qualification period, it is, on the whole, „the applicant himself who controls the scope of the question referred. In general, he frames the question as broadly or as narrowly as he sees fit. Sub-questions are legal issues that need to be addressed, not just a list of elements of a legal review that a court will apply to reach a conclusion. In the Legal Questions section, you will find the questions you will ultimately answer.
These questions connect your research to your discussion and conclusion. 23) The overall conclusion contains a summary of the main points of your analysis. In the section of your application, you may be grappling with areas of uncertainty in legal doctrine and/or competing policy justifications. You may also have had to deal with a seemingly contradictory set of facts: some seem to meet the requirements of the rule; Others suggest that the rule is not being followed. You may have weighed the arguments against the counter-arguments. After doing all this, you need to take a stand and make a statement about how the court will apply the law. In view of the more detailed short answer, the author has opted here for a brief reformulation of the final conclusion. One of the purposes of a qualifying period is to inform the defendant of claims made through certiorari so that he or she can „refine the arguments for which certiorari should not be granted.” Yee, 503 U.S. at 535-36. In addition, the resources of the Court of Justice are conserved by reducing legal issues.
As part of the certiorari process, the PQ performs another special function: it gives overburdened judges and their secretaries the opportunity to understand the case at a glance on a page, as the court often makes the first introduction to a case by the PQ. Thus, qualified people who fail to shed light on the case – and its possible reliability – lose this important opportunity to make a positive first impression. 10) Be sure to indicate in your facts section what legal claims are being considered or made, and describe any legal proceedings that have already taken place. Punctuation note: „if” introduces a statement and not a question, so there is no question mark at the end of the sentence. 5) Notice here how the author constructed the issue in this note to draw the reader`s attention to the following facts: description of the goods in a promotional bulletin, statement in the circular that the item is a „manufacturer`s closure”, statement in the circular that the early buyer will be rewarded. Keep in mind that the busy legal reader will appreciate the brevity in this section, so try to present only the facts that are legally important or necessary to clarify the issue. At the same time, remember that the memo should be a stand-alone document that can fully inform any colleague in your company who can read it. Therefore, the facts section should always contain a complete and consistent account of the relevant facts, whether or not the primary reader of the note already knows them (unless instructed otherwise).