IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ************************************************************************* * District Court No ________ ALICE WONDER * Plaintiff * * NOTICE OF APPEAL vs. * * ATTORNEY INFORMATION INNES LAND * * * Defendant * ************************************************************************* Notice is hereby given that Plaintiff, _______, hereby appeals to the United States Court of Appeals for the Sixth Circuit from the following Orders: Docket No. 75, an Order granting Defendant’s Motion for Summary Judgment in part, entered in this action on the 30th day of August, 2011; and Docket No. 102, an Amended Order granting Defendant’s Motion for Summary Judgment in full after reconsideration as to Plaintiff’s claims of fraud, entered in this matter on the 27th day of January, 2012. Respectfully submitted, ________________________________ ATTORNEY INFORMATION Legal Memoranda Structure • The standard office memorandum usually contains the following sections: – HEADING or CAPTION – QUESTION PRESENTED – BRIEF ANSWER – FACTS – DISCUSSION – CONCLUSION Caption MEMORANDUM TO: Name of person who assigned the research project FROM: Your name DATE: Date memo is turned in RE: Name of client, and a short description of the subject matter of the memorandum Question Presented The subject of the memo is a question: How does the relevant law apply to the key facts of the research problem? Thus, the question presented is analogous to the issue or question presented in a case brief. The question presented should be • sufficiently narrow • objective. • It is usually one sentence, and often begins: "Whether...." or "Does...." Brief Answer The brief answer should • clearly and fully respond to the question presented. • Begin with your conclusion: yes, no, probably yes, etc., if the question can be answered that way. • Then give a brief (usually no more than four or five sentences long) self-contained explanation of the reasons for your conclusion. • Summarize for your reader how the relevant law applies to your significant facts. As a general rule, include no citations. Facts • Provide a formal and objective description of the legally significant facts in your research problem. • The legally significant facts are the facts that are relevant to answering the legal question presented. • The description should be accurate and complete. • Present the facts in a logically coherent fashion, which may entail a chronological order. • Include legally significant facts - facts upon which the resolution of the legal question presented will turn, whether they are favorable or unfavorable to the client for whom you are writing - and include background facts that will make the context of the problem clear. Analysis/Discussion This is the heart of the memo. Here, you • educate the reader about the applicable legal principles • illustrate how those principles apply to the relevant facts • explore any likely counterarguments to the primary line of analysis you present. Analysis/Discussion Many law offices will expect • a short thesis paragraph that briefly identifies the issue and the applicable rule (without elaboration) • introductory section, which provides a map or framework for the discussion as a whole. The introductory section is also where you would mention, if applicable, information about the procedural posture of a case, about burdens and standards of proof, and about rules of interpretation pertinent to the law you are applying. • identify any undisputed issues, and explain why they are not in dispute. Then state the order in which the remaining issues or subparts of an issue will be discussed. Analysis/Discussion • You should use "CRAC" as a guide to constructing the discussion section. Use a separate "CRAC" for each issue or sub-issue. • CRAC is: – – – – Conclusion (or topic/issue) Rule Analysis Conclusion Example
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