Following
the facts, you will include your discussion in which you will explain the
current state of the applicable law, analyze the law, and apply the law to the
legally significant facts noted in the facts statement. Any problems posed in
the client’s case and counterarguments should be presented here. This should
not be an exhaustive review of the history of the law but should be focused
analysis of the current state of the law. The law should be applied to each of
the legally significant facts. Note if the law is primary binding or merely
persuasive authority. Use only highly persuasive secondary authorities if
primary authorities are not available. Finally, following the discussion, you
should include a conclusion if a brief answer rather than a conclusion has been
used earlier. Review the discussion sections in Illustrations 7-1 and 7-2. Note
that Illustration 7-2 contains multiple issues, and they are discussed
separately within the memo.
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