NFPA Paralegal Core Competency Exam (PCCE)Legal Writing and CommunicationEasy
A paralegal is drafting a legal memorandum for a supervising attorney concerning the interpretation of a newly enacted state statute. The attorney emphasizes the need for the memorandum to be objective and to present both sides of the argument fairly. In which section of the memorandum is it most crucial to maintain strict objectivity and avoid persuasive language?
- AThe Conclusion
- BThe Discussion Section
- CThe Question Presented
- DThe Statement of Facts
Show answer & explanationAnswer & explanation
Correct answer: B. The Discussion Section
The Discussion Section of a legal memorandum is where the paralegal analyzes the legal issues, applies relevant law to the facts, and presents arguments for both sides without bias. Maintaining strict objectivity here is crucial for a balanced and accurate legal analysis.
Why the other options are wrong
- A. The Conclusion typically summarizes the analysis and provides a direct answer to the Question Presented, often leaning towards a recommended outcome.
- C. The Question Presented clearly states the legal issue but does not involve the detailed analysis or presentation of arguments.
- D. While facts should be accurate, the Statement of Facts can be framed neutrally or subtly to favor one side, though strict objectivity is also valued.
Legal Memorandum Objectivity
Maintaining a neutral and unbiased stance in legal analysis, particularly within the discussion section of a memorandum, to present a balanced view of legal issues.
- Essential for accurate legal advice
- Avoids persuasive language
- Presents both sides fairly
Memory trick: Memo's Objective Discussion Guides.