Organization of
Legal Memoranda
Part II
Six Parts of an Office Memo
Heading
 Questions Presented
 Brief Answers
 Facts
 Legal Discussion
 Conclusion

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.
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.

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.
COMPARE:

(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?
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.
Use “Under-does-when”
for Questions Presented

UNDER . . .
(THE APPLICABLE LAW)

DOES/IS/CAN . . .
(INSERT LEGAL QUESTION)

WHEN . . .
(INSERT MOST IMPORTANT FACTS)
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)
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?
The Questions Presented

What facts are relevant in determining whether the
dog was provoked under the statute?
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?
For Writing The
Questions Presented

Isolate the specific legal issue.

Do not make legal conclusions.

Keep the question to a manageable length.

Keep it readable by moving from the general to
the specific.
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?


Becomes . . .
II. (Prediction) The court will likely find that Stumble did
not provoke Oscar as defined by the statute because
(reason) her conduct was unintentional and
disproportionate to Oscar’s attack.
The Brief Answers Section

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 do incorporate law and fact but do not fully
explain the conclusion reached or include discussions
of the relevant authorities.
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, such as throwing table scraps to
Oscar, and regularly brushing him and checking him for
ticks, the court will likely find that Host did harbor Oscar
and thus that he can be classified as the dog’s owner.
(fact/application part)

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.

Include procedural history as
well if your problem is in
litigation.
Statement
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;

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.

Also identify any facts which are unknown.
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.

Present the facts using chronological, or topical
organizational schemes.

The facts themselves usually dictate which type of
scheme you should use.
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.

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.
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.

The formula for the conclusions is to repeat your
prediction, give the law and then respective
conclusions via use of the analytical categories.
Example of a Conclusion:

First, 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)

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)