i am suppose to write 2 legal memorandum sally bright v. john bright and john bright v. sally bright child custody case. mother wants to take minor child out of the country.
These sites may help you.
http://lawandborder.com/Academic/LW/LW--Samples/SampleMemoSTCL.pdf
http://legalwritingtips.blogspot.com/2009/12/memo-outline.html
http://www.ehow.com/how_8419176_write-legal-issues-within-case.html
To write legal memoranda for the child custody case between Sally Bright and John Bright, specifically addressing the mother's desire to take the minor child out of the country, you should follow these general steps:
1. Understand the Relevant Laws: Familiarize yourself with the applicable family law and child custody laws specific to your jurisdiction. Research cases, statutes, and regulations that address international relocation or travel with minor children.
2. Gather Information: Collect all relevant facts related to the case. This may include details about the parents, the child, the proposed travel plans, any existing court orders, and any agreements or disagreements between the parties regarding international travel.
3. Analyze the Legal Issues: Identify and analyze the key legal issues that arise from Sally Bright's intention to take the minor child out of the country. Consider factors such as parental rights, best interests of the child, and any existing custody arrangements.
4. Begin the Legal Memorandum: Start by writing a concise and clear introduction that summarizes the purpose of the memorandum and provides a brief overview of the case and the central issue of international travel.
5. State the Relevant Facts: Present a clear and unbiased statement of the relevant facts, making sure to include any relevant details about Sally Bright's desire to take the child overseas.
6. Identify the Legal Arguments: Discuss the legal arguments from both Sally Bright's and John Bright's perspectives. Explain the possible legal justifications each party may have for their position on international travel with the child.
7. Apply the Law to the Facts: Use the legal research you conducted in step 1 to apply the relevant laws to the factual scenario. Analyze how the jurisdiction's laws and previous court decisions address international travel with a minor child and determine which arguments are likely to carry more weight.
8. Provide Legal Analysis: Analyze the strength of each party's claim based on the applicable laws and legal precedents. Consider potential counter-arguments that the opposing party may raise and address them within your legal analysis.
9. Reach a Conclusion: Based on your legal analysis, provide a clear and well-reasoned conclusion that summarizes the key legal points and your recommendation regarding Sally Bright's request to take the minor child out of the country.
10. Support with Citations: Throughout your memorandum, include proper legal citations to support your legal analysis and conclusions. This may include citing relevant statutes, case law, and legal opinions.
Remember, legal memoranda should reflect objective analysis and provide a balanced assessment of the legal issues involved. It is important to consult a qualified attorney or legal expert to ensure the accuracy and validity of your legal memorandum.
Writing two separate legal memorandums for the cases "Sally Bright v. John Bright" and "John Bright v. Sally Bright" involving a child custody dispute over the mother's intention to take the minor child out of the country can be organized into the following steps:
Step 1: Formatting the Legal Memorandum
- Begin each memorandum with a header including the names of the parties involved, case number, and date.
- Use proper legal formatting, including font size, spacing, and styling as required by your jurisdiction or firm.
Step 2: Identify the Issue
- Clearly state the issue in each case as it relates to the mother's desire to take the child out of the country.
- The issue may involve whether the mother has the legal right or a compelling reason to remove the child from the jurisdiction and how it affects the child's best interests.
Step 3: State the Facts
- Provide a concise summary of the relevant facts in each case, including the relationship between the parties, the current custody arrangement, and the mother's intention to take the child abroad.
- Include any additional background information that may be important for understanding the context of the case.
Step 4: Identify the Applicable Law
- Research and identify the relevant statutes, regulations, and case law pertaining to child custody, travel restrictions, passport laws, and parental rights in your jurisdiction.
- Determine the legal framework that governs whether a parent can relocate with a child internationally.
Step 5: Analyze the Law
- Apply the relevant legal principles to the facts of each case.
- Identify any applicable legal standards, burden of proof, or factors that the court may consider in deciding whether to grant or deny the mother's request to take the child out of the country.
- Note any previous court decisions that may be persuasive or binding in each case.
Step 6: Present Arguments
- Present arguments from the perspective of each party (Sally Bright and John Bright) in separate sections.
- Use clear and persuasive language to support the preferred outcome for each party.
- Cite relevant legal authority to strengthen the arguments.
Step 7: Evaluate Potential Counterarguments
- Anticipate opposing arguments that the other party might present and address them in a separate section.
- Provide counterarguments supported by legal precedent or relevant legal principles.
Step 8: Conclusion
- Summarize the arguments made by each party and evaluate the strengths and weaknesses of their positions.
- Provide a recommendation on the likely outcome based on the analysis of the law and arguments presented.
Step 9: Proofread and Revise
- Carefully review each memorandum to ensure clarity, coherence, and proper grammar.
- Revise the memorandum as necessary to improve the overall quality of the document.
Step 10: Finalize and Submit
- Make any final edits and save each memorandum in the appropriate format.
- Submit the memos to the relevant parties, court, or supervising attorney as required.
Note: It's important to consult with an attorney or legal expert in your jurisdiction to ensure accuracy and compliance with local laws and regulations when drafting legal memorandums.