Elements of a Trial Memorandum (Trial Brief)
- Court Caption
- Facts of the Case
- relate the relevant facts pertinent to the case and
the issues being argued
- Issues
- State the issue or issues being addressed. If
only one issue is used, the author usually does not number it
- If only one issue is used, restating the issue in the
Argument section is not required
- Argument
- Equivalent to the Analysis in an Inter-office
Memorandum
- The primary difference is that the Argument tries to
persuade the reader by emphasizing the authorities that support the client's position
- Conclusion
- Answer the Issues
- For example: Based on the above cited
authorities, the Court should hold that the weapon presented as Exhibit B by the Plaintiff
should not be admitted.
- Table of Authorities (not required
for this assignment)
- Essentially an index of all authorities cited in the
Brief