I am supposed to write a Legal Memo on the District Judge Charles Breyer's decision to allow or block obtaining DNA from persons arrested but not convicted. My problem is I have no idea how to write a memo or whats in it (facts, opinions, etc..). Several people in my class have already taken Legal writing along with other classes but this is my first legal class so I feel at a disadvantage, and very lost. What do I do? Where do I start? Any actual Legal Memos out thewre for me to read so I have something to go on?
Google Legal memo.
You'll find lots of samples.
Writing a legal memo can seem overwhelming at first, especially if you're new to the legal field. However, with a step-by-step approach, you can effectively tackle this task. Here's a guideline on how to write a legal memo:
1. Understand the assignment: Read the assignment instructions carefully, paying attention to the specific requirements, including the format, length, and structure.
2. Identify the key issues: In this case, the key issues are whether District Judge Charles Breyer's decision to allow or block obtaining DNA from persons arrested but not convicted is legally valid. It's important to understand the relevant laws, precedents, and legal principles related to this issue.
3. Conduct legal research: Use legal databases, such as Westlaw or LexisNexis, to find relevant legal authorities, such as statutes, regulations, case law, and secondary sources. Search for cases or legal commentary related to DNA collection from arrested individuals. This will help you understand the arguments presented in those cases and gather legal precedent.
4. Outline your memo: Create an outline to organize your thoughts and provide structure to your writing. The basic structure of a legal memo typically includes the following sections:
a. Heading: Include the names of the parties, the date, and the subject of the memo.
b. Question Presented: Concisely state the legal issue you'll be addressing.
c. Brief Answer: Give a straightforward response to the question presented.
d. Statement of Facts: Provide a neutral and objective summary of the relevant facts, including the key events and the court's decision.
e. Discussion: Analyze the legal issues involved, rely on legal authorities, statutes, regulations, and precedents to support your analysis. Present arguments from both sides, addressing potential counterarguments.
f. Conclusion: Summarize your analysis and provide a clear answer to the question presented.
g. Legal reasoning: Explain your legal reasoning, citing legal authorities that support your conclusion.
h. Source list: List all the authorities you cited in your memo.
5. Write a first draft: Using your outline as a guide, start writing your memo. Begin with the sections you find easiest or have the most ideas for, then proceed to the more challenging parts.
6. Revise and edit: Review your draft several times to ensure clarity, coherence, and proper organization. Edit for grammar, punctuation, and style. Consider seeking feedback or guidance from your peers, professor, or writing center.
Regarding finding sample legal memos, there are countless examples available online. Using search engines, search for "legal memo sample" or "legal memo example," and you'll find various resources to help you understand the structure and content of a legal memo.
Remember, writing a legal memo requires practice and familiarity with legal writing conventions. Don't hesitate to reach out to your professor or classmates for guidance and support throughout the process. Good luck!