Why is it important to have all the materials facts before beginning the search to prepare a memorandum of law? 5 Answers as of October 08, 2012

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Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
You don't need to have all of the facts before beginning the search, but without all of the information it will and can significantly increase the amount of work that is required to complete the search. It may also take several separate searches because the details of the information may change between memory, perception, opinion and the actual facts.
Answer Applies to: California
Replied: 10/8/2012
Law Office of Anthony Hong
Law Office of Anthony Hong | Anthony W. Hong
The material facts determine what law applies and how it applies. Without those facts, you might reach an incorrect conclusion in your memorandum of law.
Answer Applies to: Texas
Replied: 10/7/2012
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
I guess it would be just plain stupid to try to write a Memo of Law say to support your position on a case if you did not know the facts of the case.
Answer Applies to: Oregon
Replied: 10/7/2012
Eminent IP, P.C.
Eminent IP, P.C. | Paul C. Oestreich
The answer is that the material facts will define the legal issue(s) in dispute. The material facts will be compared and contrasted to similar case law with similar facts and their respective outcomes in order to argue the desired outcome in the case at hand. The particular material facts of the case at hand may or may not fall closely to material facts found in the case law. Controlling case law with similar or identical material facts and its particular outcome generally predicts the outcome of the case at hand.
Answer Applies to: Utah
Replied: 10/7/2012
Banner & Witcoff, Ltd. | Ernie Linek
A complete question leads to a complete answer. Without all of the material facts - research will usually be incomplete, or worse - inaccurate due to answering the "wrong" question. More importantly, time wasted cannot be charged to the client!
Answer Applies to: Massachusetts
Replied: 10/5/2012
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