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Under United States legal practice, a memorandum opinion is usually unpublished and cannot be cited as precedent. It is formally defined as: "[a] unanimous appellate opinion that succinctly states the decision of the court; an opinion that briefly reports the court's conclusion, usu. without elaboration because the decision follows a well-established legal principle or does not relate to any ...
Where the opinion is given by a foreign lawyer or foreign law firm it is usually referred to as a 'foreign legal opinion'. The latter form of opinion is sometimes made available to the public either because of public pressure (see for example Lord Goldsmith's opinion on the Iraq War, Yoo memo), or because a general clarification of the law is ...
The drafting of legal documents such as contracts is different as, unlike in most other legal writing categories, it is common to use language and clauses that are derived from form books, legal opinions and other documents without attribution. Lawyers use forms documents when drafting documents such as contracts, wills, and judgments.
Non-publication of legal opinions is the practice of a court issuing unpublished opinions. An unpublished opinion is a decision of a court that is not available for citation as precedent because the court deems the case to have insufficient precedential value.
But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority opinion and a concurring opinion can assist a lawyer in understanding the points of law articulated in the majority opinion.
The Army Regulation (AR) 25-50 Preparing and Managing Correspondence is the United States Army's administrative regulation that "establishes three forms of correspondence authorized for use within the Army: a letter, a memorandum, and a message." [1]
Opinions have differed regarding its origins at Yale and Harvard Law Schools, with the latter long claiming credit. [2] The Supreme Court uses its own unique citation style in its opinions, even though most of the justices and their law clerks obtained their legal education at law schools that use The Bluebook. [3]
Many legal systems do not provide for a dissenting opinion and provide the decision without any information regarding the discussion between judges or its outcome. A dissent in part is a dissenting opinion which disagrees selectively with one or more parts of the majority holding. In decisions that require holdings with multiple parts due to ...
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