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This week, you will have to research and write an office memo. Read this Memo sent to you by the Senior Partner in your law firm, Plentibux & Moore:
Memo to: Jack Starr, Paralegal
Sanity Boards
I was just contacted by my good friend, Fred Payne, about his son, Sergeant Ima Payne of the United States Army Infantry. It seems SGT Payne has gotten in to some trouble and has been criminally charged by the Army. Fred did not know what the charges were, but at this point, that is not important. Fred told me that his son has been acting very strangely and asked me about the rules for having a soldier facing court-martial evaluated by a sanity board.
Here is the thing – Ima is an interesting fellow. Over the years, most folks who met him would shake their heads and wonder what was with that guy. He doesn’t seem to be on the same sheet of music as most folks and is always doing strange things. It seems this pattern of behavior has continued, and his father strongly suspects that it may be connected to his misconduct in the Army. He also has some question in his mind about whether his son will be able to participate meaningfully in his defense, as he seems to be disoriented and is displaying bizarre behavior.
I need a quick but detailed answer as to what a sanity board is, how it must be requested, and if and when a military judge is required by law to approve such a request. I believe that Rule for Courts-Martial (R.C.M.) 706, found in the Manual for Courts-Martial (M.C.M.), is the applicable rule. I want you to focus on the rule and how it is to be applied. We don’t know much about the case at this point, but don’t worry about that. Again – right now, I am just concerned about the rule and how it is to be applied by the military judge.
Here are some cases that I want you to pull, brief, and include in the office memo you will draft. They should shed more light on the standard the military judge must apply in deciding whether or not to order a sanity board. The cases are as follows:
U.S. v. Nix, 36 C.M.R. 76 (C.M.A. 1965).
U.S. v. Kish, 20 M.J. 652 (A.C.M.R. 1985).
U.S. v. English, 47 M.J. 215 (C.A.A.F. 1997).
U.S. v. Pattin, 50 M.J. 637 (A.C.C.A. 1999).

Draft an office memorandum, using the same format you have been using. Make sure you cite the relevant R.C.M. and the case law in your memo. Your answer must not exceed five pages in length. Make sure you use proper Blue Book citation in your memo. A .pdf file containing the 2008 Manual for Courts-Martial is in your classroom. Use LexisNexis for your research.
Here is an additional note to help you with the case citation for the cases I’ve given you. Over the years, the names of the military appellate courts have changed. That accounts for the different citations you see in the cases I listed. The highest military appellate court was named the Court of Military Appeals (C.M.A.) back when Nix was decided. It was re-designated as the Federal Court of Appeals for the Armed Forces (C.A.A.F.) before Pattin was decided. Similarly, the Army Court of Military Review (A.C.M.R.) was re-designated the Army Court of Criminal Appeals (A.C.M.R.). Additionally, the reporter in which military cases were published was formerly the Courts-Martial Reports (C.M.R.) from 1951 until 1975. This was changed in 1975 to the Military Justice Reports (M.J.). The Military Justice Reports is still in use today.
INTERNAL MEMORANDA:
THE BASIC TYPES
?Internal office memoranda have different purposes and functions.
?You need to know the purpose of your memorandum to determine the type you will be drafting.
?Attorney?client privilege
?The legal relationship established between attorney and client allowing for free exchange of information without fear of disclosure.
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INTERNAL MEMORANDA:
THE BASIC TYPES
?In a memorandum summarizing facts or notes you should include the following information:
?A standard heading.
?The date and time when the interview or meeting occurred.
?The objective facts in detail.
?Dates that may be critical.
?A list of assignments that may result from the interview or meeting.
?A summary of any impressions from the interview or meeting.
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INTERNAL MEMORANDA:
THE BASIC TYPES
?In a memorandum that documents an occurrence or event, you should:
?Prepare a heading.
?Specify the date and time of the occurrence.
?Summarize the facts leading to the occurrence.
?Present a detailed account of the occurrence.
?Identify impressions of the occurrence.
?Identify any required action(s).
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INTERNAL MEMORANDA:
THE BASIC TYPES
?Internal memorandum of law
?An internal document that analyzes objectively the legal issues in a client?s matter.
?Internal memoranda analyze the law as it relates to the client?s matter for such purposes as:
?Deciding whether to take the case.
?Determining how to proceed in the case.
?Providing a summary of the facts and the law.
?Preparing for a hearing.
?Drafting appropriate legal documents.
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THE INTEROFFICE
MEMORANDUM DISTINGUISHED
?THE INTEROFFICE MEMORANDUM DISTINGUISHED
?Is not intended to advocate the client?s position; it is intended to provide an objective assessment of the client?s position.
?It is thus prepared only for review by the members of your law firm, and perhaps the client?s inner circle.
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PRELIMINARY CONSIDERATIONS
?Remember, in preparing to begin an assignment, you will complete the following tasks:
?Determine your audience.
?Determine your purpose.
?Determine your deadline.
?Prepare an outline.
?Begin your legal research.
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PRELIMINARY CONSIDERATIONS
?Remember, in preparing to begin an assignment, you will complete the following tasks:
?Verify the status of the law.
?Prepare to write.
?Brief bank
?A document depository of briefs prepared by a law firm in previous matters.

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THE INTERNAL
MEMORANDUM OF LAW
?The format of the internal memorandum may vary from project to project, from firm to firm, and even from lawyer to lawyer within the same firm.
?Most internal memoranda have the following components:
?Heading
?Statement of issues presented
?Multiple issues presented
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THE INTERNAL
MEMORANDUM OF LAW
?Most internal memoranda have the following components:
?Short summary of the conclusion
?Statement of facts
?Discussion and analysis of the law and facts, with citations to applicable authorities
?IRAC method
?Conclusion

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THE INTERNAL
MEMORANDUM OF LAW
?Heading
?A line or more of text that identifies the party for whom the memorandum was prepared; the person by whom it was prepared; the date of preparation; and the subject matter.
?Statement of issues presented
?A statement that identifies the legal and factual issues to be discussed in your memorandum.
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THE INTERNAL
MEMORANDUM OF LAW
?Short summary of the conclusion
?A summary that provides the reader with a quick answer to the yes or no questions raised by the issues.
?Statement of facts
?A statement that sets forth the significant facts needed to analyze the issues presented in the memorandum of law.

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THE INTERNAL
MEMORANDUM OF LAW
?In presenting your statement of facts for a memorandum of law, you should strive to complete these goals:
?Be objective.
?Be complete.
?Identify legally significant facts.
?Be clear.
?Be accurate.

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THE INTERNAL
MEMORANDUM OF LAW
?Legally significant facts
?Facts that are critical to the analysis of a case.
?Discussion and analysis
?The heart of the memorandum, which presents the legal analysis with supporting citations.

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THE INTERNAL
MEMORANDUM OF LAW
?IRAC stands for:
?Issue
?Rule of Law
?Analysis or Application
?Conclusion
?Conclusion
?The summary of your analysis in a memorandum.

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POSTWRITING CONSIDERATIONS
?Postwriting exercises:
?Reread your work.
?Redraft your work.
?Proofread for spelling, grammar, and punctuation.
?Cite-check your legal sources for correctness and accuracy.
?Edit.
?Proofread, again.
?Edit one last time.
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SUMMARY
?Prepare all necessary documents ahead of time, and do preliminary background research.
?The internal memorandum of law is designed to inform, to explain, and to evaluate.
?The heading identifies the parties preparing and receiving the memorandum, the date of submission, and the subject matter covered.
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SUMMARY
?The statement of issues presented identifies the legal and factual issues to be discussed.
?The short summary of the conclusion provides a quick answer to the questions raised by the statement of issues presented.
?The statement of facts presents an accurate picture of the facts.
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SUMMARY
?The discussion and analysis section identifies applicable points of law and supports them with citations to, and quotes from, relevant cases, statutes, and other sources, always relating the research to the facts of the specific matter. ?The conclusion is the culmination of the research, summarizing the implications of your analysis and possibly including a recommended course of action.



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