16) If the rule statement serves as a thesis sentence for a longer discussion of a legal rule that has developed over time in a number of cases, the rule proof serves as an explanation and elaboration of that thesis sentence. The final module includes a series of lectures on how to create a legal argument and present it to a court. It focuses on universally applicable advocacy strategies, regardless of the particular jurisdiction in which the learner practices or studies. It incorporates classical rhetoric and also takes into account the practicalities of constructing a persuasive written argument. It ends with a presentation on the structuring of oral argumentation and its execution. You can see that the format is very similar to an objective memorandum. However, the discussion section looks like the „Argument“ section for a compelling briefing. You may not know which facts are legally most important when you start writing the memo. Your thinking may become clearer and better organized as you write. You would determine which facts are legally significant by referring to the actual criteria (based on elements or factors) of the legal authority relevant to the matter – for example, laws or case law. For this reason, many people don`t write the final version of the question asked (or the short answer) until they`ve almost finished the „discussion“ section of the memo.

Provide a formal and objective description of the legally significant facts in your search problem. Legally significant facts are the facts relevant to the answer to the point of law referred. For example, when it comes to whether a minor can terminate a contract, a legally significant fact would include the nature of the contractually agreed object or service (whether it was clothing, food, housing, health care, etc.) and whether the minor had access to the object anyway without being contractually obliged to pay for it. The description must be accurate and complete. Present the facts in a logically coherent manner, which may include chronological order. Add legally significant facts – facts on which the resolution of the legal issue presented revolves, whether favorable or unfavorable to the client for whom you are writing – and add substantive facts that clarify the context of the problem. In this section, do not comment on the facts or discuss how the law is applied to the facts. Any factual information that appears later in the discussion section of the memorandum should be described in the Facts section. This is the heart of the memo. Here you should inform the reader about the applicable legal principles, illustrate how those principles apply to the relevant facts, and explore possible counter-arguments to the main line of analysis you are presenting. [MUSIC] Welcome. Now suppose, in our hypothetical non-compete obligation, that you represent the defendant employee against whom an infringement action has been brought.

Allegation that the employee competed with the former employer in violation of the provisions of the non-compete obligation. After completing the objective analysis in the note described above, you will be asked to write a note asking the court to dismiss the employer`s application. In a persuasive note, you will still present the facts, rules, and applications, but present them in a way that obliges the court to rule in your client`s favor. How do you turn your objective analysis into a persuasive mission to the court? First, let`s look at the format of the objective memo and see how a persuasive memo would differ. The objective note contained a question, a short answer, a presentation of the facts, a discussion and a conclusion. Typically, a persuasive memorandum contains a statement of facts, arguments, and conclusions. In a persuasive note, the question asked and the short answer are usually included in the argument section instead of appearing separately. The presentation of facts in a persuasive memorandum should contain persuasive facts, not neutral facts as in an objective note.

You need to convey the facts convincingly by telling the story from the customer`s point of view, if you will. You can also use other persuasive techniques here, such as highlighting positive facts by placing them in prominent places, such as the beginning and end of sentences. And provide plenty of detail, while underlining the bad facts less by putting them in the middle of paragraphs and making only general statements about them. A good test to see if the facts are presented from the customer`s point of view is when the first few sentences make it clear who it is. In our example, the facts for the employer could highlight the history of the business, the nature of the business interest, the employee`s acceptance of the non-compete obligation, and the resources they spend recruiting potential customers.