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Examples of Legal Advice include: ? Interpreting what statutes and case law mean or how it applies to a specific set of facts. E.g.: When we go over your list of assets, I can explain which would be considered community property and which are separate property.
Generally, a legal memorandum comprises six sections, with the following information: Heading or caption. ... Question presented. ... Brief answer. ... Statement of facts. ... Discussion. ... Conclusion.
The general format is Issue/Rule/Analysis/Conclusion (I.R.A.C). The second option is Conclusion/Issue/Rule/Analysis/Conclusion (C.I.R.A.C). The second option has become the preferred format since it's clearer for the reader to follow.
Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation. The provision of legal advice will often involve analyzing a set of facts and advising a person to take a specific course of action based on the applicable law.
A memorandum decision does not establish legal precedent or re-interpret the law, and cannot be invoked in subsequent cases to justify a ruling. Opinions, on the other hand, always establish a particular legal interpretation.