Focusing on Your Audience The following documents offer some suggestions for drafting a predictive legal analysis. The suggested format for a law office memorandum, structure for a working draft, a sample memorandum, and an advanced sample memorandum exemplify a conventional structure, highlighting a specific legal question and its answer, followed by a recitation of legally significant facts - the facts upon which resolution of the legal question depends - and a discussion section that identifies the applicable legal rule, applies it to the facts of the case, and addresses likely counterarguments to the principal line of analysis. Some law offices adopt their own format for a memorandum which may differ in some respects from the examples we have provided. When in doubt, follow the conventions chosen by the office in which you are working.
Paula Berg, Supervising Attorney From: Daniels' ADA claim challenging the conditions of his confinement. Section et seq. Daniels will be able to make out a prima facie case of ADA discrimination if he can overcome two hurdles.
Daniels must successfully argue that he is an otherwise qualified individual and withstand the challenge by the defendants that he is a direct threat and therefore not qualified under the meaning of the ADA.
He suffers from a drug resistant strain of tuberculosis "TB" most likely acquired during incarceration in a Russian jail and was determined to require quarantine Comp. Daniels filed a complaint in May of with the District Court of Arizona challenging the conditions of his confinement pursuant to federal and state equal protection, due process, and statutory law.
The named defendants are: The Center has been used in the past to house civilly confined persons under quarantine despite allegations that it was known that the treatment, specifically the punitive conditions of confinement, were the same for both those criminally incarcerated seeking medical treatment and those civilly committed due to illness.
Sheriff Arpaio, specifically, stated that he would not differentiate between an inmate and person with a contagious disease; he would treat them in the same manner and they would be housed under the same conditions. Daniels' drug resistant form of TB is a serious medical condition. Despite the conditions of his confinement, the medical reality is that he is probably better off under some type of medical isolation than he would have been had he not been confined.
This conduct will likely be raised by the defendants as the district court weighs his ADA claim. Daniels will be successful in his ADA claim 7. It is unclear at this point whether Mr. Daniels' condition has improved since being incarcerated. If his health has not improved than the question may be whether the conditions of his confinement contributed to any deterioration in his health.
Daniels being subjected to unreasonable searches and handling by jail guards, could have exposed other people in the Center community to TB, i.
A jail is a particularly risky setting in which to have a person with this serious a type of TB precisely because the inmate population can be high-risk, i. Beyond asking whether the legal rights afforded to the inmates under both the ADA and Eighth Amendment are being violated, 9 there is an argument that by placing Mr.
Daniels in this setting the Maricopa County officials actually created or allowed a greater public health risk to exist than if they had committed Mr. Daniels to a more traditional hospital ward.
Title II of the ADA provides broad protection from discrimination by public entities i against disabled persons on the basis of their disabilities. Section states that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.
The plaintiff can argue that denial of a public benefit is discriminatory under the ADA because it is discriminatory on its face, amounts to intentional discrimination, and constitutes disparate treatment of disabled persons.Oct 29, · How to Write a Memo In this Article: Article Summary Sample Memos Writing the Memo’s Heading Writing the Body of the Memo Finalizing the Memo Using Memo Templates Community Q&A Memos are a great way to communicate big decisions or policy changes to 87%().
12) Since memo writing is predictive writing, you should try to maintain an objective and impartial tone as you recount the facts.
This is not to say that you should omit facts that have an emotional impact. SAMPLE WRITING SAMPLE COVER SHEET #1 WRITING SAMPLE Ellenor Frutt Box New Haven, CT () As a summer associate at Jarndyce & Jarndyce, I prepared the attached memorandum for a pro bono assignment in the litigation department.
A memo is a written business communication that conveys basic information. Standard tips for writing memorandums may include simple stylistic elements. For example, the word "Memorandum" should be in a significantly larger font, bolded and either centered or placed in the top left hand corner.
Writing Guide for a Memorandum of Understanding (MOU) Table of Contents Wr t ng Gu de for a Memorandum of Understand ng (MOU) With its Federal partners, SAFECOM provides research, development, This tool is intended to be your guide for writing an MOU.
The document. 12) Since memo writing is predictive writing, you should try to maintain an objective and impartial tone as you recount the facts. This is not to say that you should omit facts that have an emotional impact.