NFPA Paralegal Core Competency Exam (PCCE)Legal Writing and CommunicationEasy
A paralegal is drafting a legal memorandum to a supervising attorney regarding a client's potential claim for breach of contract. The attorney has specifically requested a concise and objective summary of the relevant legal principles and their application to the client's facts. Which section of the memorandum is primarily responsible for presenting this analysis?
- ADiscussion
- BQuestion Presented
- CConclusion
- DStatement of Facts
Show answer & explanationAnswer & explanation
Correct answer: A. Discussion
The Discussion section of a legal memorandum is where the core legal analysis takes place. It applies the relevant law to the client's specific facts to argue for or against a particular legal outcome, as requested by the supervising attorney.
Why the other options are wrong
- B. The Question Presented section frames the legal issue to be addressed, not the analysis itself.
- C. The Conclusion section provides a brief answer to the legal question and a recommendation, but not the detailed analysis.
- D. The Statement of Facts section presents only the factual background without legal analysis.
Legal Memorandum Discussion Section
The Discussion section of a legal memorandum provides a detailed analysis of the legal issues, applying relevant law to the specific facts of the case.
- Applies legal principles to the client's facts.
- Presents arguments for or against a particular legal outcome.
- Forms the core analytical portion of the memorandum.
Memory trick: Memo's 'Disc' is where the 'cuss'ion (discussion) of law and facts happens.