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The January 9, 2002 memo draft. A set of legal memoranda known as the "Torture Memos" (officially the Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States) were drafted by John Yoo as Deputy Assistant Attorney General of the United States and signed in August 2002 by Assistant Attorney General Jay S. Bybee, head of the Office of Legal Counsel ...
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
After law school, Yoo was a law clerk for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit from 1992 to 1993 and for Justice Clarence Thomas of the U.S. Supreme Court from 1994 to 1995. He served as general counsel of the Senate Judiciary Committee from 1995 to 1996. [20]
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 ...
The rule section of a CRuPAC is the statement of the rules that govern the particular question. Rules may include statutes, constitutions, the Rules of Civil Procedure, the Rules of Criminal Procedure, the Rules of Evidence, etc. The pertinent rule may also be included in Restatements of the Law, or the common law as derived from court case ...
A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. A closing argument may not contain any new information and may only use evidence introduced at ...
For example, an appellate brief to the highest court in a jurisdiction calls for a formal style—this shows proper respect for the court and for the legal matter at issue. An interoffice legal memorandum to a supervisor can probably be less formal—though not colloquial—because it is an in-house decision-making tool, not a court document.
The Rule section of an IRAC follows the statement of the issue at hand. The rule section of an IRAC is the statement of the rules pertinent in deciding the issue stated. Rules in a common law jurisdiction derive from court case precedent and statute. The information included in the rules section depends heavily on the specificity of the ...