Also known as: memoranda · memorandums · memo · memos · legal memorandum
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A written record outlining the essential terms of an agreement and signed by the party to be charged. It satisfies the Statute of Frauds when it identifies the parties, subject matter, and key terms, allowing enforcement against the signer even if other parties did not sign.
A written record outlining the essential terms of an agreement and signed by the party to be charged. It satisfies the Statute of Frauds when it identifies the parties, subject matter, and key terms, allowing enforcement against the signer even if other parties did not sign.
Select any source to read its text and confirm it supports the definition.
Written material prepared by an attorney reflecting interviews or mental impressions in anticipation of litigation. It receives qualified protection from discovery under the work product doctrine unless the opposing party shows substantial need.
Select any source to read its text and confirm it supports the definition.
A court's written statement of findings of fact and conclusions of law entered after a bench trial. It may appear in an opinion or memorandum of decision and supports entry of judgment under Rule 58.
Select any source to read its text and confirm it supports the definition.
Written material prepared by an attorney reflecting interviews or mental impressions in anticipation of litigation. It receives qualified protection from discovery under the work product doctrine unless the opposing party shows substantial need.
A court's written statement of findings of fact and conclusions of law entered after a bench trial. It may appear in an opinion or memorandum of decision and supports entry of judgment under Rule 58.
Each sense below has its own examples, sources, and questions.
Miguel Mendoza and Mariam Mansour orally agreed to sell a warehouse for $1.2 million. Miguel later sent Mariam a signed note listing the price, property address, and closing date. When Mariam refused to close, Miguel sued. The note satisfied the Statute of Frauds against Mariam because it contained the essential terms and her signature as the party to be charged.
Melissa Mills emailed Madison Meyers a purchase order for 500 widgets at $45 each. Madison replied with a confirmatory email accepting the same terms. When Madison later tried to introduce an earlier phone conversation changing the price, the court excluded the evidence because the emails constituted confirmatory memoranda that could not be contradicted by prior oral agreements.
Morgan Financial signed a memorandum agreeing to guarantee a $300,000 loan to Monarch Pharmaceuticals. The lender later sought to enforce the guarantee against both entities. The court held the memorandum enforceable only against Morgan Financial because it alone had signed the writing required by the Statute of Frauds.
The President issued a memorandum directing state courts to reopen cases involving Vienna Convention violations. A defendant relied on the memorandum to seek relief. The Supreme Court held the memorandum lacked domestic legal effect because the treaty was non-self-executing and Congress had not enacted implementing legislation.
It must identify the parties, describe the subject matter, state the essential terms, and be signed by the party to be charged. A writing meeting these elements binds the signer even if other parties did not sign.
Supporting sources
No. Under the Statute of Frauds a memorandum signed by fewer than all parties is enforceable only against the signers. Nonsigners remain free of liability unless another exception applies.
Supporting sources
No. A presidential memorandum directing compliance with a non-self-executing treaty has no independent domestic legal force. Only implementing legislation enacted by Congress can make such a treaty enforceable in domestic courts.
Supporting sources
Maya Malik's lawyer prepared memoranda summarizing interviews with three potential witnesses two weeks before filing suit. Opposing counsel sought the documents in discovery. The court denied production because the memoranda constituted work product prepared in anticipation of litigation and no showing of substantial need was made.
Work-product protection shields an attorney's written statements and memoranda prepared in anticipation of litigation even when they are not confidential communications with a client. It yields only upon a showing of substantial need, whereas attorney-client privilege is absolute unless waived.
Supporting sources
Mustafa Mahmoud sued Momentum Capital for breach of a consulting contract. After a two-day bench trial the judge filed a memorandum of decision containing specific findings on each element of the claim and separate conclusions of law. Judgment was entered the same day under Rule 58.
After a bench trial the court may state its findings of fact and conclusions of law in a memorandum of decision filed with the clerk. The memorandum satisfies Rule 52 and supports entry of judgment under Rule 58.
Supporting sources
…the attorney for the breach of a fiduciary duty and deterring further lapses in professional conduct. Judge McRae, in his trial memorandum, observed that the client's recovery of the attorney fees "is itself punitive in form and in purpose." On appeal, in affirming the forfeit, we said, "[T]he law has traditionally been…