State Sample Memoranda
A. Federal and State Sample Memoranda
This section of the Handbook provides a sample state memorandum and a sample federal memorandum. The samples are followed by commentary which analyzes the memoranda by section.
1. State Sample Memorandum
State Fact Pattern for Office Memorandum
You are a law clerk for the Marin County District Attorney’s Office. Your supervising attorney, Stephanie Klugman, has asked you to research an issue regarding the case of Roland Webber.
Roland Webber owns and operates a pawnshop just south of Market Street in San Francisco. His business recently suffered substantial losses, and he can barely keep up with his home mortgage and business lease. Webber worries constantly about bankruptcy. On July 30, Webber worked late at the pawnshop, trying …show more content…
desperately to balance the books. Around 10:30 p.m., Webber left his shop and headed home to Corte Madera in Marin County. Webber drove over the Golden Gate Bridge, consumed with his worries and particularly troubled by an error he discovered in his ledger. Bankruptcy looked more probable than ever. Shortly after he exited the highway, he noticed a small convenience store, and he decided to stop for a six-pack.
As Webber pulled into the parking lot, he noticed that the store was already closed. In fact, the area appeared to be deserted. There was only one other car, a blue van marked “Golden Gate Antiques and Collectibles,” in the dark parking lot. Curious about what might be inside, Webber took his flashlight over to the van and peered into the side window. On the floor of the van, Webber noticed an open box that appeared to contain an impressive assortment of antique jewelry. Webber considered the potential value of the jewelry and decided that the contents of the box might solve his financial worries.
Webber walked around the van and pulled on the doors to see if any were left unlocked.
All of the doors were locked and the windows were rolled up completely. However, Webber discovered that one of the windows on the side of the van was broken and replaced by a thick piece of clear plastic, held in place with duct tape. Webber pulled off the layer of tape, climbed in through the window, and began to sift through the jewelry. A store clerk, who was emptying the trash behind the store, witnessed the entire incident and called the police. The police responded immediately and apprehended Webber inside the van.
Klugman wants to charge Webber with auto burglary. She has asked you to prepare a memo discussing whether Webber will likely be convicted. Do not consider any other possible charges or any defenses such as duress or necessity. Klugman will handle these matters. Klugman is convinced that she can prove all of the alleged facts in court. Assume Webber intended to steal the jewelry and that theft of the jewelry would be a felony. Assume that a van is a “vehicle” according to the definitions in the California Vehicle Code. Your memorandum must be 4-6 typed, doubled-spaced
pages.
REMEMBER: This is a sample memorandum based on fictional characters and circumstances. It illustrates how citations should be incorporated into the memorandum. The style and format of legal memoranda may vary in different courts and law firms. The party or audience for whom the memorandum is prepared usually determines the order in which facts and supporting precedent are presented. Check with your teacher or office supervisor to confirm which style and format to use in your assignments.
This section of the Handbook provides a sample state memorandum and a sample federal memorandum. The samples are followed by commentary which analyzes the memoranda by section.
1. State Sample Memorandum
State Fact Pattern for Office Memorandum
You are a law clerk for the Marin County District Attorney’s Office. Your supervising attorney, Stephanie Klugman, has asked you to research an issue regarding the case of Roland Webber.
Roland Webber owns and operates a pawnshop just south of Market Street in San Francisco. His business recently suffered substantial losses, and he can barely keep up with his home mortgage and business lease. Webber worries constantly about bankruptcy. On July 30, Webber worked late at the pawnshop, trying …show more content…
desperately to balance the books. Around 10:30 p.m., Webber left his shop and headed home to Corte Madera in Marin County. Webber drove over the Golden Gate Bridge, consumed with his worries and particularly troubled by an error he discovered in his ledger. Bankruptcy looked more probable than ever. Shortly after he exited the highway, he noticed a small convenience store, and he decided to stop for a six-pack.
As Webber pulled into the parking lot, he noticed that the store was already closed. In fact, the area appeared to be deserted. There was only one other car, a blue van marked “Golden Gate Antiques and Collectibles,” in the dark parking lot. Curious about what might be inside, Webber took his flashlight over to the van and peered into the side window. On the floor of the van, Webber noticed an open box that appeared to contain an impressive assortment of antique jewelry. Webber considered the potential value of the jewelry and decided that the contents of the box might solve his financial worries.
Webber walked around the van and pulled on the doors to see if any were left unlocked.
All of the doors were locked and the windows were rolled up completely. However, Webber discovered that one of the windows on the side of the van was broken and replaced by a thick piece of clear plastic, held in place with duct tape. Webber pulled off the layer of tape, climbed in through the window, and began to sift through the jewelry. A store clerk, who was emptying the trash behind the store, witnessed the entire incident and called the police. The police responded immediately and apprehended Webber inside the van.
Klugman wants to charge Webber with auto burglary. She has asked you to prepare a memo discussing whether Webber will likely be convicted. Do not consider any other possible charges or any defenses such as duress or necessity. Klugman will handle these matters. Klugman is convinced that she can prove all of the alleged facts in court. Assume Webber intended to steal the jewelry and that theft of the jewelry would be a felony. Assume that a van is a “vehicle” according to the definitions in the California Vehicle Code. Your memorandum must be 4-6 typed, doubled-spaced
pages.
REMEMBER: This is a sample memorandum based on fictional characters and circumstances. It illustrates how citations should be incorporated into the memorandum. The style and format of legal memoranda may vary in different courts and law firms. The party or audience for whom the memorandum is prepared usually determines the order in which facts and supporting precedent are presented. Check with your teacher or office supervisor to confirm which style and format to use in your assignments.