#LEGAL MEMO EXAMPLE UPDATE#

Occasionally, assigning lawyers will ask an abstract or general legal question when they need an update on a specific area as background for a client matter, or for a firm newsletter, or for a presentation.

This would not be a neutral question because the key issue (was he falsely imprisoned?) is stated as conclusion. Example 'Will John Crate be awarded damages because he was falsely imprisoned by the store's security guard?' Otherwise, your reader could assume your analysis is not objective and may only reflect one side of the issue. In predictive writing, the question must be neutral to the point that either side might have written the same question. The question needs to be precise, complete, and straightforward. The question, 'Can I sue?' becomes: 'Did the security guard at the department store falsely imprison John Crate when the guard held Crate's arm, preventing him from leaving the store until the police arrived?' The issue section reframes the client's questions into legal questions that identify the controlling legal rules and relevant client facts. The client asks questions like 'Will I win?', 'Am I going to jail?', 'Am I liable?', or 'Will I be evicted?' These questions link your research to your discussion and conclusion. The legal issue section sets out the questions you will ultimately answer. Stating the Question You Will Answer: Precisely, Completely, Simply, and Neutrally WF’s father is incapacitated, and WF’s mother is deceased, and so they cannot object to the transfer.įor the reasons stated above, the District Court of Oak County should order removal of the Petition For Guardianship and Temporary Custody of Will Fox to the Blackhawk Tribal Court as proper pursuant to ICWA requirements.Issue Statements or Questions Presented a. Fox is his “Indian custodian,” and the Lodens have filed a “foster care placement” action, and so the presumption applies here.

In this case, WF is an “Indian child,” Ms. The burden to show good cause not to transfer is on the party opposing the transfer (Guidelines). The law creates a presumption that an action for foster care placement of an Indian child shall be transferred in the absence of good cause to the contrary, and absent the objection of either parent, on the petition of the parent of the Indian custodian or the Indian child’s tribe (Section 1911). The Lodens cannot show good cause against transfer because the distance between the Blackhawk Reservation and Melville is not so great as to cause undue hardship to the parties and witnesses. Accordingly, WF is an “Indian child” covered under ICWA. The letter from the ICWA Director states that WF is a member of the tribe, and he is 10 years old. ICWA defines an “Indian child” as any minor person who is, as is relevant here, a member of an Indian tribe. “Indian Child” and “Indian Custodian” Defined Under ICWA, a State court proceeding for the “foster care placement” of an “Indian child” not currently residing or domiciled within the reservation of the child’s tribe shall be transferred to the jurisdiction of the Tribe upon petition of the “Indian custodian” and absent objection of either parent, or “good cause” against such transfer, in a “foster care placement” case.Ī. Fox is an “Indian custodian,” and because the Lodens seek a “foster care placement” under the statutory definitions. Fox’s Motion to Transfer because WF is an “Indian Child”, Ms. The Lodens object to the transfer, and ask the Court to deny Fox’s motion. The Movant, Betty Fox (“Fox”), has filed a motion to transfer the petition to the Blackhawk Tribal Court, under the Indian Child Welfare Act (“ICWA”) to determine guardianship and placement, and has filed her own Petition for Guardianship in the Tribal Court. The Petitioners, Don and Frances Loden (the “Lodens”), have filed a Petition for Guardianship and Temporary Placement of Will Fox (“WF”), a minor Indian child, due to the incapacity of WF’s only living parent, his father. For Guardianship and Temporary Custody ofīrief in Support of the Motion to Transfer Case to Blackhawk Tribal Court

Legal memo example