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Bench Memorandum
A bench memorandum (pl. ''bench memoranda'') (also known as a ''bench memo'') is a short and neutral memorandum that summarizes the facts, issues, and arguments of a court case. Bench memos are used by the judge as a reference during preparation for trial, the hearing of lawyers' arguments, and the drafting of a decision and also to give the judge an idea of the arguments given by each side in the court case. Bench memos are generally written by the judge's law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant .... References Law of the United States Legal documents Law clerks {{Law-stub ...
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Memorandum
A memorandum ( : memoranda; abbr: memo; from the Latin ''memorandum'', "(that) which is to be remembered") is a written message that is typically used in a professional setting. Commonly abbreviated "memo," these messages are usually brief and are designed to be easily and quickly understood. Memos can thus communicate important information efficiently in order to make dynamic and effective changes. In law, a memorandum is a record of the terms of a transaction or contract, such as a policy memo, memorandum of understanding, memorandum of agreement, or memorandum of association. In business, a memo is typically used by firms for internal communication, while letters are typically for external communication. Other memorandum formats include briefing notes, reports, letters, and binders. They may be considered grey literature. Memorandum formatting may vary by office or institution. For example, if the intended recipient is a cabinet minister or a senior executive, the form ...
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Court Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the cour ...
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Law Clerk
A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant roles in the formation of case law through their influence upon judges' decisions and perform some quasi- secretarial duties. Judicial clerks should not be confused with legal clerks/paralegals (also called "law clerks" in Canada), court clerks (clerks of the court), or courtroom deputies who perform other duties within the legal profession and perform more quasi- secretarial duties than law clerks, or legal secretaries that only provide secretarial and administrative support duties to attorneys and/or judges. In the United States, judicial law clerks are usually recent law school graduates who performed at or near the top of their class and/or attended highly ranked law schools. Serving as a law clerk, especially to a U.S. federal judg ...
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Law Of The United States
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the pre ...
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Legal Documents
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement.''Barron's Law Dictionary'', s.v. "instrument". Examples include a certificate, deed, bond, contract, will, legislative act, notarial act, court writ or process, or any law passed by a competent legislative body in municipal (domestic) or international law. Many legal instruments were written ''under seal'' by affixing a wax or paper seal to the document in evidence of its legal execution and authenticity (which often removed the need for consideration in contract law). However, today many jurisdictions have done away with the requirement of documents being under seal in order to give them legal effect. Electronic legal documents With the onset of the Internet and electron ...
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