I posted an adapted version of "Structure Your Legal Memorandum" from Perspectives: Teaching Legal Research and Writing Vol. 8 combined with the "How to do a legal memo" section from the All About Law text, on the school district Teams site. I do not expect you to have this skill perfectly done...remember we are a high school law class and not in first year law at university. If you would like, you can check out The Canadian Legal Research and Writing Guide which has a section on writing legal memorandums (they even have a sample memorandum of law you could look at for formatting or you could check this sample here too).
For the Criminal Law activity you need to choose two of the ten hypothetical criminal cases I gave you and provide a one-page memo/letter for each. Each memo (format below) will need to address the questions or directions at the end of each of the cases you choose. So use the bolded section titles below and the explanation after them to help you write the response to the two cases you choose. Each case is a scenario and at the end of each is a question-set of questions you need to try to answer. Take case one as an example...in this case you were specifically asked to
prepare the Crown arguments regarding whether Forrest can be proven on these facts to have aided in the trafficking or the possession of narcotics, or both. The Crown has also asked also to identify and assess any arguments that you think defense counsel might make. In considering whether it is likely that Forrest will be convicted, you may assume that the facts set out in the hypothetical case will be proven in court, and that no other relevant facts arise. NOTE: Please consider that the Crown has a duty to consider whether prosecution is in the public interest (having regard to the harm caused by Forrest’s actions and her degree of moral blameworthiness) and whether there is a reasonable prospect of conviction if the matter proceeds to trial.So, you need to explain the reasons why Corley Forrest could be found guilty of the charge of aiding Morgan Height in drug trafficking (remember aiding is the same as actually doing) based on the facts outlined in the story. You'll need to find out what the charge of drug trafficking in cocaine involves and what the Controlled Drug and Substances Act says possession is.
Then, you'll need to determine what aiding means so look at the Parties to an offense
at the Canadian Criminal Law notebook & at the Criminal Code (https://laws-lois.justice.gc.ca/eng/acts/C-46/section-21.html).
You'll also need to look at the principles of sentencing, the options for sentencing, and then sentencing for Drug Offences at the Canadian Criminal Law Notebook or at Ron Jourard's chart for drug offenses.
You were also asked to look at defense council's options so look at possible defenses for Forrest.
So, using the text and the criminal code, and explain from the facts given to you if Forrest can be found guilty. You will also need to explain how you think the defense lawyer would argue that Forrest should be found not guilty. Here's the format...
How to Write and Format a Legal Memo - The legal memorandum is the most formal, polished, and comprehensive written document for reporting the results of legal research. It summarizes and analyses the relevant law and applies it to a particular fact situation. In practice, the memorandum can be a crucial document to a case or file. It explains a specific area of law, analyzes a given fact pattern in light of the law, and makes a recommendation for a course of action based on the analysis. Writing a legal memorandum requires that you think like a lawyer. Accordingly, given its importance and potential uses, your memorandum should adhere to the hallmarks of excellent legal writing, including organisation. A well-organised memorandum conveys a lucid, methodical way of thinking about the problem. When structuring your memorandum, you should show that your writing is a transparent window into your thoughts. There is no one right way to organize a memorandum; you can appropriately structure your memorandum in many ways. For the purposes of this assignment, however, you can use the following template
Legal Memo Model Template Memorandum
TO: Assigning Lawyer
FROM: You
DATE: When Memo is Due
RE: [Case/Matter Number] [Client Name] [Matter Name] – [Subject of Memo]
Summary of Assignment: This is a brief summary regarding the memo. Lawyers are often busy, juggling dozens of cases at once. They might not immediately recall why they asked you to investigate the matter at hand. A quick summary will help jog their memory. Describe the context. State briefly what you have been asked to do and why (e.g., upcoming court appearance, client seeking legal opinion, legal question arising from draft agreement, proposed legislation, bench memo for a pending case).
Here is an Example: [As per our discussion on (date)]/[In response to your email request on (date)], this is a discussion on the state of the law regarding…
Issues Presented
1. Whether [issue X applies to this situation]
2. Whether [issue Y applies to this situation]
Short Answers
1. Yes, [short explanation].
2. No, [short explanation].
These are short answers. Often new lawyers want to expand, clarify, and qualify themselves here. This is not the place for that. This is where you take a stand and state your opinion in two or three sentences. There will be time to address all aspects of the issues in the main portion of the memo.
Facts: Present an overview of the case/matter at hand. State the legal question(s) asked or the issue(s) considered in the memorandum. They map your approach to the problem. Make sure to include details that are of importance to the specific issues presented. Summarize all legally relevant facts as you understand them. If appropriate, do so in a chart, table, or diagram. In any case, be concise and precise. Chronological order is often most helpful (unless another order seems more logical and makes the information clearer, such as grouping sets of facts that raise separate issues). Separating and numbering the facts might make them more understandable. If there is some disagreement or uncertainty about the facts, say so and state both sides. Articulate briefly, clearly, simply, concisely, precisely, and accurately. Break down each question into all relevant sub-issues. Present separately issues and sub-issues as questions. Deal with pivotal issues first. List issues and related sub-issues in a logical order.
Discussion: Describe the relevant law (e.g., legislation, cases) and commentary on the law (e.g., texts, encyclopedias, policy statements), then apply them to the facts of your case. Analyse each issue separately. Show your reasoning, using a step-by-step approach. Address fairly any arguments on both sides of an issue. Identify any pertinent missing information and potentially outstanding issues. Anticipate what positions and counterarguments might be advanced by the opposing side. Make any suitable recommendations about a course of action. Be creative. Think strategically. Focus on getting results. Give an opinion on the strengths and weaknesses of your position. Present persuasively the best arguments based on any relevant legislation and common law principles. Show your reasoning. Reach a conclusion. Ensure that it is supported by the law. [Subheading – first issue] Generally speaking, always lead with the most important issue first. [Subheading – second issue] Address second issue here.
Conclusion: This part is a terse summary of your answers to the issues you have identified above based on your assessment of the likely application of the law to your case. Answer the question(s). Be direct, clear, and complete. Do not be indecisive, hesitant, or inconclusive. Take a stand. Identify any doubts about the outcome. Any qualifications of your opinion should be based on reason and supported by the law. Do not reiterate your legal analysis. Do not introduce “new” information (i.e., information that does not appear in your discussion). Wrap it up with a statement of what you expect happen. “Given the case law and the facts of this particular matter, issue 1 should…”
Sources Consulted: List the authorities you reviewed, starting on a new page, or add a completed standard checklist of sources consulted. Include full, accurate citations for cases and secondary sources for current and future reference. Identify any helpful Web sites visited. List your sources in a logical order
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