Presentation by Timothy Kane Introduction to American Common Law Mechanisms : The writing of legal memos. Presentation by Timothy Kane

Old English Common law Evolved out of antiquity Common Law Judges MAKE law. They make law by providing ANSWERS to Questions.

It is the lawyer’s job to “construct” the question that will be presented to the judge.

What kind of question? Any Kind of question?

NO In antiquity, Old English Judges were famously overworked and under paid. They had to ride on horseback from town-to-town resolving disputes and legal questions in each town on their circuit/route. They wanted to make the job as quick and as easy as possible. They insisted that Legal Questions be as NARROWLY constructed as possible. (Narrow questions are easier to answer)

Furthermore… They wanted more than a well constructed narrow question. They also wanted to be provided with a well constructed model answer to the question.

We can see that the Judges REALLY were attempting to delegate as much work as possible .

Common Law vs. Civil Law Traditions Civil Law Judges do most of the work They determine the facts, They determine the law, Common Law Judges delegate as much work as possible. Juries find the facts Judges find the law but… they expect an awful lot of help from lawyers… they expect lawyers to provide model answers. Lawyers then have to do a lot of work Lawyer construct the questions Lawyers have to do a lot of legal research Lawyers provide model answers to the questions.

(Remember, we are trying to persuade the judge) This means lawyers must know: how to write a LEGAL question… And how to frame the model answer… and how to present it to the court… …in a clear, concise, and persuasive way: the Legal Memo. (Remember, we are trying to persuade the judge)

Introduction to Legal Writing The key to writing a legal memo is to learn how to use the legal memo STRUCTURE correctly.  So, the first step to learning how to write a legal memo, is to learn how to use the structure. The structure is most important. You will use it to write legal memos, brief law cases and write persuasive essays.  We start by using this NEW structure in an activity you are already familiar with: essay writing.  So we will introduce the legal memo structure but use it to write a simple persuasive essay. Remember someday you will be trying to persuade a judge. If you can write a simple persuasive essay using the legal memo structure, then you will be ready for the next step to learn how to write a real legal memo.

~ Step 1: How to write a Persuasive Essay ~ ” I do not want to kill them, I just want to get them to change there minds” - Gandhi … Obviously, we don’t want to kill the judge, but we do want to want to persuade him.

Standard Essay Method: I B C (This structure has only 3 parts) You are probably familiar with this method : --STRUCTURE-- -- CONTENT-- Introduction Say what you will say…. “I’m going to talk about two shirts “ Body of Essay Say what you want to say I have two shirts CONCLUSSION Say what you just said “In conclusion, I have two shirts.“ (This structure has only 3 parts) Now, What does the Legal Memo Structure look like?

Legal Memo Method: FIRAC Common method use for Legal Memos, Case Briefs, and Persuasive Essays This structure has 4 parts --STRUCTURE-- -- CONTENT- FACTS (Important fact) (Generally accepted by most people) 배경 정보는 질문을 필요 Give the facts that people need to know before you write the issue question. 당신이 질문을 쓰기 전에 무엇을 사람들은 알 필요가 있습니까? ISSUE =질문 (question/topic) ? REASONING/ ANALYSIS (The discussion)/ (The debate) First you list the arguments that are opposed to your opinion/position 첫째, 누군가가 당신의 의견을 반대하는 이유는 이유의 목록을 작성 1) 2) 3) Then you list the arguments that support your opinion/position 다음 : 당신은 누군가가 당신 의견에 동의 할 것 하는 이유의 목록을목록을 작성. 3) … CONCLUSSION Conclusion = simply state your opinion/position 결론의 형태로 자신의 의견을 진술.

Your assignment will be to write a persuasive essay (on any topic) by filling in the structure --STRUCTURE-- -- CONTENT- FACTS ISSUE =질문 (question/topic) ? REASONING/ ANALYSIS (The discussion)/ (The debate) CONCLUSSION your opinion Conclusion = your opinion

Legal Memo Method: FIRAC Tips on how to use the FIRAC Method: 4 steps - but start at the end! --STRUCTURE-- -- CONTENT- FACTS (Important fact) (Generally accepted by most people) 배경 정보는 질문을 필요 STEP 3 Give the facts that people need to know before you write the issue question. 당신이 질문을 쓰기 전에 무엇을 사람들은 알 필요가 있습니까? ISSUE =질문 (question/topic) STEP 2 ? REASONING/ ANALYSIS (The discussion)/ (The debate) STEP 4 (This is the only part where you have to do some hard thinking) First you list the arguments that are opposed to your opinion/position 첫째, 누군가가 당신의 의견을 반대하는 이유는 이유의 목록을 작성 1) 2) 3) Then you list the arguments that support your opinion/position 다음 : 당신은 누군가가 당신 의견에 동의 할 것 하는 이유의 목록을목록을 작성. 3) … CONCLUSSION STEP 1 Conclusion = simply state your opinion/position 결론의 형태로 자신의 의견을 진술.

Legal Memo Method: FIRAC Common method use for Legal Memos, Case Briefs, and Persuasive Essays --STRUCTURE-- -- CONTENT- FACTS (Important fact) (Generally accepted by most people) 배경 정보는 질문을 필요 ISSUE =질문 (question/topic) REASONING/ ANALYSIS (The discussion)/ (The debate) First you list the arguments that are opposed to your opinion 첫째, 누군가가 당신의 의견을 반대하는 이유는 이유의 목록을 작성 (One the one hand…) 1) 2) 3) … Then you list the arguments that support your opinion 다음 : 당신은 누군가가 당신 의견에 동의 할 것 하는 이유의 목록을목록을 작성. 3) … CONCLUSSION (State your opinion in the form of a conclusion.) 결론의 형태로 자신의 의견을 진술. STEP 1 Conclusion = your opinion/position “Common Law Judges do less work than civil law judges.”

Legal Memo Method: FIRAC Common method use for Legal Memos, Case Briefs, and Persuasive Essays --STRUCTURE-- -- CONTENT- FACTS (Important fact) (Generally accepted by most people) 배경 정보는 질문을 필요 What facts do people need to know before you write the issue question? 당신이 질문을 쓰기 전에 무엇을 사람들은 알 필요가 있습니까? ISSUE =질문 (question/topic) STEP 2 “Do Common Law Judges do less work than Civil Law Judges?” REASONING/ ANALYSIS (The discussion)/ (The debate) First you list the arguments that are opposed to your opinion 첫째, 누군가가 당신의 의견을 반대하는 이유는 이유의 목록을 작성 (One the one hand…) 1) 2) 3) … Then you list the arguments that support your opinion 다음 : 당신은 누군가가 당신 의견에 동의 할 것 하는 이유의 목록을목록을 작성. (On the other hand…) 3) … CONCLUSSION (State your opinion in the form of a conclusion.) 결론의 형태로 자신의 의견을 진술. STEP 1 Conclusion = your opinion/position “Common Law Judges do less work than civil law judges.”

Legal Memo Method: FIRAC Common method use for Legal Memos, Case Briefs, and Persuasive Essays --STRUCTURE-- -- CONTENT- FACTS (Important fact) (Generally accepted by most people) 배경 정보는 질문을 필요 STEP 3 What facts do people need to know before you write the issue question? 당신이 질문을 쓰기 전에 무엇을 사람들은 알 필요가 있습니까? “In old England Common law Judges were over worked and under paid. As a result they attempted to delegate as much work as possible. Whereas, in Civil Law Judges are at the center of all the proceedings ” … So far, so Easy;… almost no work at all! ISSUE =질문 (question/topic) STEP 2 “Do Common Law Judges do less work than Civil Law Judges?” REASONING/ ANALYSIS (The discussion)/ (The debate) First you list the arguments that are opposed to your opinion 첫째, 누군가가 당신의 의견을 반대하는 이유는 이유의 목록을 작성 (One the one hand…) 1) 2) 3) … Then you list the arguments that support your opinion 다음 : 당신은 누군가가 당신 의견에 동의 할 것 하는 이유의 목록을목록을 작성. (On the other hand…) 3) … CONCLUSSION (State your opinion in the form of a conclusion.) 결론의 형태로 자신의 의견을 진술. STEP 1 Conclusion = your opinion/position “Therefore, Common Law Judges do less work than civil law judges.”

Legal Memo Method: FIRAC Common method use for Legal Memos, Case Briefs, and Persuasive Essays --STRUCTURE-- -- CONTENT- FACTS (Important fact) (Generally accepted by most people) 배경 정보는 질문을 필요 STEP 3 What facts do people need to know before you write the issue question? 당신이 질문을 쓰기 전에 무엇을 사람들은 알 필요가 있습니까? “In old England Common law Judges were over worked and under paid. As a result they attempted to delegate as much work as possible. Whereas, in Civil Law Judges are at the center of all the proceedings ” ISSUE =질문 (question/topic) STEP 2 “Do Common Law Judges do less work than Civil Law Judges?” REASONING/ ANALYSIS (The discussion)/ (The debate) STEP 4: (Now comes the hard part. Here you must do some thinking.) First you list the arguments that are opposed to your opinion 첫째, 누군가가 당신의 의견을 반대하는 이유는 이유의 목록을 작성 (One the one hand…) 1) “Both Common Law and Civil Law Judges are finders of Law” 2) … Then you list the arguments that support your opinion 다음 : 당신은 누군가가 당신 의견에 동의 할 것 하는 이유의 목록을목록을 작성. (On the other hand…) 1) “While both Common Law and Civil Law Judges are finders of Law, only Civil Law Judges are finders of fact. Common Law judges delegate this to the jury 2) “Furthermore, Common Law judges depend upon the Lawyers to present Model Answers. 3) … CONCLUSSION (State your opinion in the form of a conclusion.) 결론의 형태로 자신의 의견을 진술. STEP 1 Conclusion = your opinion/position “Therefore, Common Law Judges do less work than civil law judges.”

Legal Memo Method: FIRAC Here is what our persuasive essay looks like: --STRUCTURE-- -- CONTENT- FACTS “In old England Common law Judges were over worked and under paid. As a result they attempted to delegate as much work as possible. Whereas, in Civil Law Judges are at the center of all the proceedings ” ISSUE “Do Common Law Judges do less work than Civil Law Judges?” REASONING/ ANALYSIS “On the one hand, both Common Law and Civil Law Judges are finders of Law” “On the other hand, while both Common Law and Civil Law Judges are finders of Law, only Civil Law Judges are finders of fact. Common Law judges delegate this to the jury. “Furthermore, Common Law judges depend upon the Lawyers to present Model Answers. CONCLUSSION “Therefore, Common Law Judges do less work than Civil Law Judges.” FIRAC … It’s the easy way to write a persuasive essay!

Note: Abraham Lincoln was a successful lawyer). FIRAC = POWER !!! 80% of the hard work of being a good lawyer is writing legal memos. So, if you can do this you are on your way to being a good lawyer. We use FIRAC to write legal memos, brief law cases write persuasive essays …. and even to write speeches (See Abraham Lincoln’s most famous speech the Gettysburg Address and see if you can spot FIRAC structure in it. Note: Abraham Lincoln was a successful lawyer).

알아 내려고 학생은 에이브 러햄 링컨은 게티스버그 연설을하기 위해 "FIRAC"를 사용하는 방법 Student trying to figure out how Abraham Lincoln used "FIRAC" to make the Gettysburg Speech

(some additional facts - 몇 가지 추가적인 사실들) Highlights of Lincoln’s Gettysburg Address: 링컨의 게 티즈 버그 연설의 하이라이트: Fact: 87 년 전 우리 건국부께서는 자유에서 착되었고 모두가 평등하다는 전제에 입각한 새 나라를 이 대륙에 건립했습니다 Issue: 지금 우린 그런 착상 과 전제에 입각해 건립된 나라의 영속성을 시험하는 내전을 치르고 있습니다 우린 그 전쟁의 격전지였던 이곳애 모였습니다 (some additional facts - 몇 가지 추가적인 사실들) (그런 나라가 살아남도록 목숨을 바친 분들의 마지막 휴식처로 이곳 을 바칩니다) Reasoning/Analysis (He deviates some here - see original speech ) (그가 몇몇 여기에 일탈 - 원래 연설을 참조) Conclussion 우리 모두가 여기서 돌아가신 이분들의 죽음이 헛되지 않도록 하나님이 보우하시는 이 나라가 새로운 자유 속에서 재탄생하고 국민의, 국민에 의한, 국민을 위한 정부가 지구에서 영원히 존속하 도록