State Sample Memoranda
A. Federal and State Sample Memoranda
This section of the Handbook provides a sample state memorandum and a sample federal memorandum. The samples are followed by commentary which analyzes the memoranda by section.
1. State Sample Memorandum
State Fact Pattern for Office Memorandum
You are a law clerk for the Marin County District Attorney’s Office. Your supervising attorney, Stephanie Klugman, has asked you to research an issue regarding the case of Roland Webber.
Roland Webber owns and operates a pawnshop just south of Market Street in San Francisco. His business recently suffered substantial losses, and he can barely keep up with his home mortgage and business lease. Webber worries constantly about bankruptcy. On July 30, Webber worked late at the pawnshop, trying …show more content…
All of the doors were locked and the windows were rolled up completely. However, Webber discovered that one of the windows on the side of the van was broken and replaced by a thick piece of clear plastic, held in place with duct tape. Webber pulled off the layer of tape, climbed in through the window, and began to sift through the jewelry. A store clerk, who was emptying the trash behind the store, witnessed the entire incident and called the police. The police responded immediately and apprehended Webber inside the van.
Klugman wants to charge Webber with auto burglary. She has asked you to prepare a memo discussing whether Webber will likely be convicted. Do not consider any other possible charges or any defenses such as duress or necessity. Klugman will handle these matters. Klugman is convinced that she can prove all of the alleged facts in court. Assume Webber intended to steal the jewelry and that theft of the jewelry would be a felony. Assume that a van is a “vehicle” according to the definitions in the California Vehicle Code. Your memorandum must be 4-6 typed, doubled-spaced
This section of the Handbook provides a sample state memorandum and a sample federal memorandum. The samples are followed by commentary which analyzes the memoranda by section.
1. State Sample Memorandum
State Fact Pattern for Office Memorandum
You are a law clerk for the Marin County District Attorney’s Office. Your supervising attorney, Stephanie Klugman, has asked you to research an issue regarding the case of Roland Webber.
Roland Webber owns and operates a pawnshop just south of Market Street in San Francisco. His business recently suffered substantial losses, and he can barely keep up with his home mortgage and business lease. Webber worries constantly about bankruptcy. On July 30, Webber worked late at the pawnshop, trying …show more content…
All of the doors were locked and the windows were rolled up completely. However, Webber discovered that one of the windows on the side of the van was broken and replaced by a thick piece of clear plastic, held in place with duct tape. Webber pulled off the layer of tape, climbed in through the window, and began to sift through the jewelry. A store clerk, who was emptying the trash behind the store, witnessed the entire incident and called the police. The police responded immediately and apprehended Webber inside the van.
Klugman wants to charge Webber with auto burglary. She has asked you to prepare a memo discussing whether Webber will likely be convicted. Do not consider any other possible charges or any defenses such as duress or necessity. Klugman will handle these matters. Klugman is convinced that she can prove all of the alleged facts in court. Assume Webber intended to steal the jewelry and that theft of the jewelry would be a felony. Assume that a van is a “vehicle” according to the definitions in the California Vehicle Code. Your memorandum must be 4-6 typed, doubled-spaced