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Dear 1L, Hi. This is “Memo Hell Weekend” for many of you, so I created a new step-by-step framework and a new sample memo for you to save and use as a model.

🔷 FRAMEWORK

Assume your hypothetical asks whether a plaintiff can prevail on an issue that has three subparts, A, B, and C and that you conclude the plaintiff is likely to satisfy A, B, and C—and therefore likely to win on the overall issue.  For each subpart section (sections A, B, and C), you should proceed in this order:

A: Plaintiff should satisfy element A.

¶ 1: Because of ___ [these facts], a court will likely conclude that plaintiff meets requirement A. (The “C” in CREAC.) The legal test for A requires that the plaintiff show ___.  Appellate courts have said [this] about the test (with quotes). (The “R”)

¶ 2: Under these legal standards, courts side with plaintiffs where [broad, general statement that applies to all cases where P won]. For example, in case P-1, [give facts, outcome; reasoning optional]. (The “E”)

¶ 3:  Similarly, in case P-2, [give facts, outcome; reasoning optional]. 
(“E”)

¶ 4: By contrast, courts side with defendants where [broad, general statement that applies to all cases where D won]. For example, in case D-1, [give facts, outcome; reasoning optional]. The court in case D-2 likewise held [give facts, outcome; reasoning optional]. (“E”)

¶ 5: Here, a court will likely side with P because [these facts] satisfy the legal test for A. (2-4 sentences explaining why based on facts and logic, not naming cases]. (The “A”)

¶ 6:  Case P-1 supports this outcome because [compare hypo facts to facts in case P-1].  Case P-2 further supports this result because [compare hypo facts to facts in case P-1]. (“A”)

¶ 7:  Cases D-1 and D-2 are distinguishable. [Explain why hypo facts differ from those cases’ facts] (“A”)

¶ 8: Therefore, a court would likely side with the P. (The “C”)

[Then follow the same structure for sections B and C.]

🔷 MODEL MEMO

(👉  see & save the attached!)

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I hope this helps you. I will be thinking of you through this tough legal-writing weekend and wishing you so much positivity!

💌 Amanda

#Dear1L

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