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What is a Memorandum of Law?

 

A: a memorandum of law is a report that is provided to the judge gives an analysis of a particular legal issue complete with legal support.

Let's say for example that I trying to get in they please for port into evidence at trial. Contained within a police report is a statement that will help our claim. Let's assume the police officer spoke to a witness at the scene and the witness said that the driver of the car that hit my client caused the accident because they were speeding.

The defense is trying to keep that statement out of evidence since it would be harmful to his case. I, on the other hand, want to admit that statement into evidence. If I asked the court to admit the police were poured into evidence, and the defense objects, now the judge must make a legal decision about whether or not this report is admissible. If it is admissible, the question arises whether the statement which is disputed should also be allowed in or should be removed (also known as “redacted.”)

In order to show the court that our position is the correct one, it is important to provide legal support of other similar cases that have addressed this particular issue before. By showing the court that other judges and appellate courts have looked at this issue and came down on the side that we are arguing for, the judge is more likely than not to allow the document into evidence.

However, the court may feel that the facts in our case are slightly different than the ones we have cited and determined that the report or statement within it should not be admitted into evidence. The memorandum of law essentially states our position on the issue and provides legal citations that addressed this precise legal argument.