Wayne Schiess's legal-writing blog. My post, where you can also read don's entire comment, is here. I want to address two topics he raised.
There are three questions to be addressed in this memorandum.
Question Presented: There are three questions to be addressed in this memorandum. Under Federal Law in the 2 nd Circuit whether Office Jones has a valid claim for discrimination in violation of Title VII based on an “English Only” policy, given that she spoke to her co-worker and friend, both of Cuban descent, in Spanish. The second sentence answers the question presented in a full sentence and identifies the legal issues raised. For example, to prove negligence, a plaintiff must show. Legal Memorandum Format Sample * the single-spacing of the Question Presented and Short Answer and the double-spacing of the rest of the memo (your open memos will have more than one Question Presented and Short Answer – in that case, single space within each.
It is required that after a claim for discrimination under Title VII violation that an employer give a valid business justification for this policy. The Lieutenant Reynolds stated the reason being that it would reduce cliques and help with moral. That is a justification that has be used and upheld in court.
Also the fact that Officer Jones was bi-lingual shows her ability to speak English proficiently, thus it did not cause a legally cognizable adverse impact upon the terms and conditions of her employment which would have been required for a claim of discrimination under Title VII. In order to have a claim for Sexual Harassment it must be proved that the conduct by the male officers was extraordinarily severe and repeated.
There is no evidence in this matter that that is the case. The one isolated incident that took place in the male locker room, where two sentences were said to Jones does not rise to the level needed for sexual harassment.
The Supreme Court has ruled that any tip made by an anonymous tipster should be corroborated by other pieces of evidence. These other pieces of evidence may be a consideration of the totality of the circumstances.
Being that the driver of the car gave no reasonable suspicion to the officer and the only suspicion had by Officer Jones is the suspicion she arrived with, it can be concluded that Officer Jones failed to corroborate the evidence of the tipster.
She is very good friends with another police officer, Sonia Santiago.
They are both of Cuban descent and thus are fluent in Spanish. They chose to have conversation in Spanish while at the precinct. Robert Fields another officer at Swan Lake became annoyed because he felt that Officer Jones and Santiago were mocking him in another language.
Hence, he proceeded to complain to the commanding officer Lt. Reynolds about the situation.
The Lieutenant proceeded to institute an English Only policy at the Police station. He stated that the use of another language was only to be used in the Police Station for police business such at interpreting witnesses, etc.
When she entered she noticed that Fields and two other officers were viewing pornography on a television. If you want we can turn off the TV and you could entertain us!
On August 3, Officer Jones was in her patrol car when a call came in stating to be on the lookout for a red Toyota Camry being driven by a white male in his forties. The description was based on an anonymous tip. The tipster stated that the driver had a grenade that he was intending to use to blow up minorities.
Two minutes later she saw a man and car that fit the description. She followed the car as it observed all traffic laws. Afraid for the life of others she pulled the man over and searched his car.
He had no grenades, he was let go. One month later Jones and Santiago was seen speaking Spanish in the precinct so she was fired for insubordination. The plaintiff must first establish a prima facie case of discrimination or retaliation.
To establish a prima facie case of discrimination, the plaintiff must show that: In the case of Velasquez v. The employee also never told supervisor that she believed that the policy was discriminatory. In the matter of Pacheco v. New York Presbyterian Hosp.
In the matter of Kania v. Archdiocese of Philadelphia the courts found that the relief of ethnic tensions in a valid business justification for the implementation of an English Only policy. This is especially the case where the persons are proficient in the English language. Archdiocese of Philadelphia, 14 F.Questions presented, probably better called "issue statements," appear in many different kinds of documents, and a sophisticated writer will adapt the form, length, and .
Oct 22, · How to Write a Legal Memo In this Article: Article Summary Organizing the Facts Researching the Law Assembling the Argument Drafting the Memo Polishing the Memo Community Q&A A legal memorandum is a document written by a lawyer for the benefit of a client%(24).
1) The question presented states the question(s) the memo is to address: how does the relevant law apply to the key facts of the research problem?
The question should be sufficiently narrow and should be objective. 2) Generally, include the name of the jurisdiction involved, e.g., New York, the Second Circuit, etc.
The second sentence answers the question presented in a full sentence and identifies the legal issues raised. For example, to prove negligence, a plaintiff must show. c. Where should the brief answer go in the memo?
There is no right or wrong answer to this question. Some lawyers and firms want the issue statement immediately followed by the brief answer as the first items in the memo, before the facts section.
Questions presented, probably better called "issue statements," appear in many different kinds of documents, and a sophisticated writer will adapt the form, length, and sentences to the audience and the document.
For example, in a persuasive brief on the merits, you should use a different approach from that used in an objective memo.