Instructions and Frequently Asked Questions for Second Written Assignment Legal Drafting

Drafting a Memo Prof. Lumsden

Instructions and Frequently Asked Questions (FAQs) for the writing assignment due next
week— the second substantive assignment which will count for credit as part of the continuous
evaluation option:

Question (Q)1: What is our task?

Answer (A): You are writing a Memo to me as your professor. You should read the
prompts/questions below and choose ONE to answer, either (a) or (b).

You should also try to use the vocabulary words that you have learned this semester. You
do not have to answer all the questions in each prompt; they are there to help you think.
Choose the ones that you find most helpful.

1) Choose ONE of the following:

a. You have recently discovered a false and defamatory statement made about
you online. This statement (you may choose the subject of the defamation if it
helps your answer) has the potential to cause you to lose out on future legal jobs
and jeopardizes your reputation at school.
 Applying US and/or Civil law, what are your best options (legal and
non-legal) for responding to the threat?
 Are you likely to be successful in restoring your good name?
 What obstacles might deter your success?
 How might you (re)write the law to provide more protection for
someone in your position?
OR
b. What are the important differences between legal approaches to defamatory
statements that impute homosexuality (falsely being called gay) in the United
States vs. your home country/region? Which legal approach provides stronger
protection? What change in the law might you recommend given current social
and political realities? (Hint: The facts and analysis of the Yonarty case should be
discussed. Also, if you do not know the law in your home country, you should try
to look it up; otherwise, you may also feel free to create your own law.)

2) Length. Write a Memo that IS NO MORE THAN 2 PAGES answering one of the
questions above.
a. The Memo should include a proper heading (To, From, Date, and Re lines, all
single-spaced), along with correct punctuation and spelling.

b. Margins should be equal (1 inch/2.54cm) all around, and the response should be
single-spaced with an extra space between paragraphs.

c. Focus on the substance, and especially on the organization and structure of your
response. You will need to outline and plan your response before writing, and
revision may be necessary prior to final submission.

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Instructions and Frequently Asked Questions for Second Written Assignment Legal Drafting
Drafting a Memo Prof. Lumsden

 Hints: Think about how your will organize your points: most important
first? Or most important last? Can IRAC help you? How many headings
will you use? Will there be sub-headings? Bulleted or numbered lists
(which should not be overused)? Think about formatting options (bold,
italics, underlining), but never overdo it.

d. Ideally, both the issue and the answer should be stated up-front, in clear, direct
terms, followed by any legal rules and then the application of the facts to those
rules (analysis). Your Memo must anticipate potential questions and confusion,
as well as raise and deal with possible counter-arguments.

Q2: What is the difference between a Memo and an Essay?

A: An essay has an introduction and a conclusion, and often seeks to persuade. The
language must flow from one paragraph to another and is often more eloquent. In a
Memo, the language focuses on the facts. It is meant to be short yet detailed, and to
provide an answer to a problem.

Q3: Do we need to formally cite to cases?

A: No. However, you should use the substantive law that you have learned in class, as
well as the supplemental readings that were posted to inform your writing. Analysis, in
the legal context, means applying the law to a particular hypothetical or set of facts.

Q4: When is the assignment due?

A: As noted in the syllabus, your email is due prior to 9:00 a.m. next Thursday, 21 May.
Please submit it by email, as either a Word document or PDF Attachment. In the subject
line, please be sure to state “Second Written Assignment” + your student number.
(You can put it at the end of your subject line in parenthesis, for example (6922).) Also,
you must indicate your student number on your submission itself (you can place it in
the “From” line), not just in the email. Failure to include your student number may mean
that you will not receive credit.

Q5: Will I receive an email confirmation from you regarding receipt of my email?
A: No. You should do what all lawyers and professionals must do and triple check the
email address to make sure that everything is spelled correctly to ensure receipt. If you
send it to the email address per the instructions in the syllabus
(eleanor@eleanorlumsden.com) prior to the deadline, you can assume that your response
was received and accepted.