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PLEASE READ CAREFULLY AND LOOK IN ADDITIONAL MATERIALS FOR INSTRUCTIONS!MEMORAND
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PLEASE READ CAREFULLY AND LOOK IN ADDITIONAL MATERIALS FOR INSTRUCTIONS!MEMORANDUMTo: [Recipient’s Name]
From: [Writer’s Name]
Re: [Short (less than one sentence) description of topic or assignment]SUMMARY[The summary is a critical portion of any memorandum. It should alert the reader to the topic under consideration, your conclusion and/or recommendation, and any critical law or facts that the reader should know, even if the reader only reads the summary.]BACKGROUND[Generally, providing background information (mostly factual information) will be critical because the reader may or may not know the facts that are important to the legal question. In addressing scripted hypotheticals, however, the hypothetical usually contains all of the relevant background and including it is unnecessary since the background section would be little more than a retelling of the information contained in the hypothetical.]RELEVANT LAW[Provide a summary of the relevant legal issues. For instance, in a negligence case, list the different elements of a negligence claim. In addition, if there are defenses that you think are relevant, identify them and list the elements of the defense. Normally, this section should be in the format of a paragraph, though, in some cases, a numbered list can be useful.]ANALYSIS[Apply the relevant law to the facts and explain your conclusion(s) and recommendation(s). If there is factual information that you do not have, but that could change your conclusion(s) and/or recommendation(s), identify the factual information that is lacking and explain its significance.]