Legal Memorandum: Question Presented and Facts
After reviewing the facts of a client’s case, one of
the first projects that an attorney typically works on is an internal document
that details the claims the client has and the current law on the issue. This
internal document is attorney work product, and is kept confidential from the
opposing party. While law firms and organizations have several different names
for this internal document, the most common name is a legal memorandum.
For this project, you will prepare the first portion
of a legal memorandum – the Legal Memorandum: Question Presented and Facts
– for our simulated client matter, Mr. Bing’s case. These two sections of the
legal memorandum are the typical places where attorneys begin to build the
written work of their cases.
To: Junior Attorney
From: Senior Attorney
RE: Jeffrey Bing Matter
Here are the
specific instructions for the Legal Memorandum: Question Presented and Facts
First, please prepare
one Question Presented based upon my Senior Attorney Memorandum. Within
the Question Presented, include the legal issue that is in dispute in the case,
the relevant legal standard, and the legally significant facts that are at
As I have
mentioned before, I am fairly confident that this law firm can show that Mr.
Bing personally believed he had to use deadly force in self-defense. The only
issue you will be addressing in the Question Presented is whether Mr. Bing’s belief
was reasonable. Please do not focus on any other issues.
the Statement of Facts for the Legal Memorandum. The Statement of Facts should
provide a factual accounting of what happened to our client and the other
parties involved. These facts should be written in chronological order from an
objective standpoint. Please avoid including any argument or opinion about the
case. Only a simple summary of the facts should be provided. If you use a
direct quote, please off-set that quote with quotation marks and citations.
Here are a few reminders
· Length of
Presented: The Question Presented should be only one question. Please end the
Question Presented with a question mark.
of Facts: The Statement of Facts should be no longer than one page in length.
· Format of
complete the assignment using Bluebook format.
the Question Presented and the Statement of Facts should be placed in the same
Word document. The Question Presented should come first. Use headings to show
where each section begins. Also, include the memo heading (To:/From:/Date:/Re:/)
at the beginning of the assignment. Please see the Senior Attorney Memorandum
for that heading format.
· Number of
sentence in the Statement of Facts must be cited. Citations will either be to
the Senior Attorney’s Memorandum or the Grand Jury Indictment, whichever
document contains the information you will be using.
Statement of Facts should not include any references to the judicial opinion (People v. S.M). The Statement of Facts
can refer to the law that the Grand Jury indicted our client under. We will
incorporate the judicial opinion in the Legal Memorandum: Final Assignment.
I am providing that information to you now in order that you can start to
understand which case will apply to Mr. Bing’s case.
Also, please keep in mind that only the Question
Presented and Statement of Facts should be submitted for this assignment.
I look forward to seeing which direction you assess
that we should head with our client’s case.
Note: Your assignment will be checked for originality
via the Turnitin plagiarism tool.