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Simple English definitions for legal terms
Memorandum
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A quick definition of Memorandum:
A memorandum is a type of written document that lawyers use to explain their legal arguments to a judge. It includes information about the facts of the case, the legal issues involved, and how the law applies to those issues. Lawyers use memoranda to persuade the judge to rule in their favor. They have to follow specific rules about citing legal sources.
A more thorough explanation:
A memorandum is a written document that provides a summary and analysis of relevant laws based on legal research to support a conclusion on a particular legal issue. It is usually organized and comprehensive, and includes:
- A description of the factual background of the subject case or fact pattern
- A statement of the legal issues to be discussed
- An introduction of the relevant laws
- An analysis of how the law should apply to specific facts
- A conclusion
For example, in court proceedings, attorneys may be asked by courts to submit memoranda to convince the court how relevant law and case holdings support their arguments on particular issues. These memoranda are often called persuasive memos. Attorneys are required to cite every legal resource mentioned in the memo according to the local rules of the court.
Overall, a memorandum is a useful tool for lawyers to organize their legal arguments and provide a clear and concise analysis of the relevant laws and facts in a case.