Law: Memo

December 10, 2007

So today I finished my 1L open memo.

For those of you that don’t know, an open memo is essentially the following:

 Here are some facts, here is a question that hasn’t been decided in this jurisdiction, what will the court do? 

In other words, an open memo is a sample of what assocites do, except purposefully drawn to avoid having a correct answer. 

My memo topic dealt with a procedural issue in internet defamation cases.  After a few weeks of research,  I can, with reasonable certainty, tell you that if I defamed somebody on this blog, the state of jurisdiction would mainly depend on if I intentionally aimed my comments at a specific state. 

In my opinion, there are two annoying things about legal memos.  First, because of the nature of legal research, you never really know that you have all of the cases that you need to make the correct decision.  It is not difficult to get a feel for the case law or to feel like you have a good general understanding, but you can’t ever really KNOW that you have the PREFECT caselaw to work off of.

Additionally, the format of a legal memo is stupid.  Question presented, brief answer, facts, discussion, conclusion.  Each paragraph starts with a conclusion then supports it.  Basically, take everything you learned about constructing pragraphs and invery it completely. Strange. 

On the plus side, the memo is done which mean that there is only a week of regular class (and a civ pro assignment) between me and winter break (aka studying for finals).

Now if I just get a job interview tomorrow, I’ll have a fantastic 24 hours.


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