Legal memorandum sample pdf

legal memorandum sample pdf

L For: Ejectment. Plaintiff-Respondent Jane Doe is of legal age, single, and residing on Ginoo Boulevard, Pasay City, where she may be served with legal processes and notices issued by this Honorable Court. Defendant-Petitioner Juana Dela Cruz is of legal age and residing on Binibini Street, Quezon City, and may be served with legal processes and other judicial notices thereto.

Accordingly, the Honorable Court of Appeals ordered the parties to submit their respective Memoranda fifteen 15 days from notice, otherwise regardless whether or not Memoranda were filed, the petition shall be submitted for decision.

legal memorandum sample pdf

The property was sold to them by the now deceased original owners, Spouses Marcelo and Marcela del Pilar. Defendant-Petitioner, on the other hand, is an alleged lessee of the original owners of the land since September They had repeatedly assailed the verbal contract of lease for more than 50 years. Plaintiff-Respondent was not able to claim immediately the land for it was previously subject to a pending legal proceeding and that there was still no urgent necessity of using and occupying it.

When the event came that Plaintiff-Respondent was able to enforce her right over the land, Defendant-Petitioner, despite earnest and peaceful efforts of the Plaintiff-Respondent still refused to vacate the land.

However, the Defendant-Petitioner still persistently occupied the land without heed to the serious and constant demand of the Plaintiff- Respondent which rendered it unattainable to reach an agreement. Due to the foregoing failure to claim the parcel of land attributed to the obstinate refusal of the Defendant-Petitioner, Plaintiff-Respondent was compelled to hire the services of a legal counsel to commence the enforcement of ejection under the wings of the courts of law.

The court committed no error in deciding that an unlawful detainer action be enforced upon herein Defendant-Petitioner despite the assailed contention of the former under P. There is no bar in this instant case for an unlawful detainer to avail the benefits and privileges provided by Section 6 P. The determination of the scope and limitation of Areas for Priority Development shall be based on the list of specific areas prescribed by the proclamation.

In the Philippines, the presentation of a valid certificate of title of the real property is a conclusive evidence of ownership of the person whose name the certificate of title is entitled to. Recognized jurisprudence also uphold the significance of a certificate of title in proving valid ownership of a land.

In the decision of the case of Spouses Pascual v. Spouses Coronel, the ponente cited two cases which highlight the significance of a valid certificate of title in claiming ownership over a land. Mercado, the Court declared that the trial court did not err in giving more probative weight to the TCT in the name of the decedent vis--vis the contested unregistered Deed of Sale. Later in Arambulo v. Gungab, the Court held that the registered owner is preferred to possess the property subject of the unlawful detainer case.

The age-old rule is that the person who has a Torrens Title over a land is entitled to possession thereof. The ruling of Dizon v. Court of Appeals was also used as basis for this argument. It was stated that a certificate of title is conclusive evidence of ownership and the questionability of the title is immaterial in an ejectment suit.

Futhermore, Article of the New Civil Code enumerates the rights of an owner. The owner has right of action against the holder and possessor of the thing in order to recover it.

The contention of the Defendant-Petitioner that the verbal lease agreement they had made with the now deceased original owners Marcelo and Marcela Del Pilar for over 50 years shall entitle them to the privileges under P.

It is expressly stated that Section 6 of P. It is an indispensable qualification that the land is included in the list of Areas for Priority Development APD before an owner can be granted of the right of first refusal. The land subject of this case is clearly not included in the specific areas enumerated in the list of APD.

The fact that it is not included in the areas for priority development specifically identified under Proclamation No. Defendant-Petitioner vigorously assails that there is no bar to the availability of the privileges and benefits conferred to bona fide lessee whenever there is an unlawful detainer action.

It is however true. But this is subject to circumstances that may qualify a lessee to the privileges and benefits under Section 6 of P. Unfortunately, the land possessed by the Defendant-Petitioner does not fall under the ambit of Section 6 of P.It is also print-ready so after you have made the necessary changes and supplied the required information to complete the agreement, you can directly proceed with printing a copy.

Make well-written and high-quality memorandum of understanding using this sample above. This is a really simple sample consisting of four editable pages. Department of Education for specific teacher incentives and funds. The advantages of using customizable templates include being able to save time, energy, brainpower, resources and money.

With all the free and downloadable templates that you can find online, what more can you ask for? Not to mention that most templates are made by professionals and shared online to help those in need. It uses a net and organized layout and can be generally used on anything. The different sections in and subsections in the agreement are underlined and numbered so that they can be easily distinguished. You should add this as one of your go to samples for reference when you are writing one.

A memorandum of understanding template is tool that will make your life easier and more convenient. Not only is it convenient to use but you can also quickly create your own agreement in no time using this template.

It is made brief without compromising the details and only includes necessary elements. Exactly what makes it the perfect template to use? This allows the user to write relevant and useful content for their own agreement. Different colors are also used in the entire template to make it easier to distinguish the instructions from the main content. They all provide a reliable and accessible reference material to those who need them. Take this printable memorandum of understanding for instance.

And if you are lucky, you may be able to find one that can be edited just the way you want it. Your time will definitely not be wasted if you check out this sample. At the bottom of the page is where you will find the date and signature of the parties involved which seals the deal and closes the agreement. Under each section are numbered subsections written in separate paragraphs to avoid confusion and any mix up.

If you want to make a really short but still reliable memorandum of understanding, then you better check out this sample. There are three pages to this document. Following the guidelines for writing a memorandum of understanding helps you produce a standard and well-written document that is undoubtedly useful.

This is where you will be taught on the proper format and appropriate content to put in your work. Blank Memorandum of Understanding Template 2. Customizable Memorandum of Understanding Sample Template 4. Sample Health Care Memorandum of Understanding 5. Sample Memorandum of Understanding Template 6. Simple Memorandum of Understanding Template 7.

Printable Memorandum of Understanding Sample 8. Sample Enterprise Memorandum of Understanding 9. Short Memorandum of Understanding Sample Sample Memorandum of Understanding Guidelines more.A Legal Memo is more of a written outline of a studied case in order to point out views and fact of a legal authority.

It is commonly used to review, straighten out facts and keep record of it. Unlike any other memorandums, a Legal Memo is made up of factual contents and all of these contents must expand greater details all throughout the pages and it must be accurate and clear. Often times, legal memorandums can be used in different situations but are considered as a legal opinion from a lawyer to their clients. In this way, the issue and the facts would be elaborated in a legal and communicating manner but in a written format.

It can also be submitted into other legal authorities and co-legal lawyer to be studied. A lawyer may also write or make this kind of memorandum addressing the court in charge. Legal Memo is consists of strict contents in which are the heading, the summary of the directly related or connected facts, brief and to the point identification of a certain legal issue, discussion of the law relating to the issue and its application to the facts, and a conclusion that will respond to the case.

Each of the contents could be very long since it is talking about legality; it requires logical and methodical approach and may reach into a greater extent relevant to the issue. Outlining the issue by using a legal memo may help the authority to know if there are gaps on his o her research. A Legal Memo may be some kind of a long process for it will be needing facts and opinions and of course, legal matters. As long as someone has a full understanding of the case and knows how to elaborate things through an outline, this may be easy.

So here is a step by step procedure on how to make a Legal Memo:. Step 1 Make a draft about the case. Enlist all the possible contents and topics about the issue, regarding the names of the people involved and the laws that may apply.

For the laws, do a complete research first to know which one should be applied. Step 2 Start by writing down the word Memo or Legal Memorandum at the top most of the page, centered. After doing so, proceed on putting the sub header details such as To, From, Date and the subject of the case. Step 3 The next step is to write down the main issue of the case, it could be written as a question that the reader would comprehend what the issue is about followed by a brief answer and would trigger the next components to be elaborated.

Step 4 Proceed on laying out the facts by giving a statement and may be entitled as the Statement of Facts section. These facts should be the one that the lawyer or legal authority has based upon on his or her research. It should be stated clear and based on observed facts. Step 5 The next section is the Discussion part. It should include names or places in which the issue is relevant to.

Step 6 The last part is the Conclusion wherein the entirety of the documentation is summarized and clearly stated. This should be brief and direct to the point. The lawyer can also make a recommendation for the client in this part. Read and re-read the Memo. In legal cases, the readers often expect an error free facts and statement.

This should be thoroughly researched on must be direct to the point.Rating: 4. Start by clicking on "Fill out the template". Your document is ready! You will receive it in Word and PDF formats. You will be able to modify it.

Memorandum of Understanding

This Memorandum of Understanding is for use between two or more Parties that are interested in working together on a particular project. It is intended as a starting point for the Partiesas it enables them to set out the preliminary understanding between one another, and can help them to work towards a more formal agreement. This Memorandum is designed to not be legally bindingmeaning that the Parties may not actually be legally obliged to comply with it.

This is because in many cases, Parties may not actually be certain about the specific terms which they can agree to, but they still find it beneficial to put something in writing, outlining some broader goals such as the general nature of the projectand confirming that they will act in good faith in pursuit of those goals. Often, Parties may sign a Memorandum of Understanding outlining some general agreement, and then will go away and make some further investigations before working out the finer details.

Although a Party may not be legally bound by this Memorandum, many Parties feel compelled to comply with it anyway - firstly, because the Memorandum does actually describe what they intend to do, and secondly because they are wary that a failure to comply can harm their professional reputation and their ongoing relationships.

Use this Memorandum early in the negotiations between the Parties. In most cases, it is inappropriate to use this Memorandum for the final agreement between the Parties a legally binding contract may be more suitable. Record the details of each Party, and the Project that they are interested in pursuing. If the Parties have specific responsibilities in relation to the Project, then the details of those responsibilities can be included as well.

For example, if one Party is going to obtain information about relevant costings for the Project, while another Party will obtain information about appropriate marketing strategies, then these responsibilities can be described in the document. Once the Memorandum has been completed, each Party may sign it and have their signature witnessed by an independent adult. Each Party may then keep a copy of the Memorandum for their own reference. The Memorandum may then be used as a point of reference to guide the negotiations as the Parties move forward towards a final agreement.

If a legally binding contract is required, consider some of our other available templates, including:. As the Memorandum is not legally bindingthere is no law that directly applies to it. However, ordinary principles of contract lawas provided by the common law, may be applied in interpreting and understanding the agreement between the Parties.

In the event that a Party acts in bad faith, causing another Party to suffer loss, then general principles of equityestoppelor laws dealing with misleading and deceptive conduct may become relevant.Rating: 4. Start by clicking on "Fill out the template". Your document is ready! You will receive it in Word and PDF formats.

You will be able to modify it. This Memorandum of Understanding is for use between two or more Parties that are interested in working together on a particular project. It is intended as a starting point for the Parties, as it enables them to set out the preliminary understanding between one another, and can help them to work towards a more formal agreement. This Memorandum can be chosen to be legally binding or non binding. In the first case, the Memorandum acts as a general agreement between the Parties which covers the broad understanding of the Parties.

Legal Statement Of Facts Sample

Often, Parties may sign a Memorandum of Understanding outlining some general agreement, and then will go away and make some further investigations before working out the finer details.

If it is chosen to be non-bindingthe Parties may not actually be legally obliged to comply with it. This is because in many cases, Parties may not actually be certain about the specific terms which they can agree to, but they still find it beneficial to put something in writing, outlining some broader goals such as the general nature of the projectand confirming that they will act in good faith in pursuit of those goals. Further, even in case of Memorandums which are non-binding, parties may choose to have the obligations on confidentiality as binding since they may be sharing sensitive and confidential information with the other parties in order to enable them to carry out further investigations or due diligence before finalising all the details of the Project.

In case the Memorandum is non-binding, the parties may also choose to sign a seperate confidentiality agreement which is binding. This Memorandum may be used early in the negotiations between the Parties. In some cases, parties may also use this as the final agreement however in some cases, a more detailed specific contract may be more suitable. Record the details of each Partyand the Project that they are interested in pursuing. If the Parties have specific responsibilities in relation to the Project, then the details of those responsibilities can be included as well.

For example, if one Party is going to obtain information about relevant costings for the Project, while another Party will obtain information about appropriate marketing strategies, then these responsibilities can be described in the document. Once the Memorandum has been completedand if it is a binding document, it should be printed on judicial stamp paper or e-stamp paper and signed by all the parties to the Memorandum and dated.

The value of the stamp paper would depend on the state in which it is executed. Each state in India has provisions in respect of the amount of stamp duty payable on such agreements. Information regarding stamp duty payable can be found on the State government websites. For instance, the website of the state of Karnataka provides details of stamp duty payable on agreements as does the website of the Delhi. Each Party signing party may have their signature witnessed by an independent adult and then keep a copy of the Memorandum for their own reference.

The Memorandum may then be used as a point of reference to guide the negotiations as the Parties move forward towards a final agreement.

The Memorandum can be made binding or non-binding on the Parties, as they may agree. If a more detailed contract is required, consider some of our other available templates, including:. If the Memorandum is binding, the principles of contract law and the Contract Act, will apply to it. If the Memorandum is not legally bindingthere is no law that directly applies to it. However, ordinary principles of contract law, as provided by the common law, may be applied in interpreting and understanding the agreement between the Parties.

In the event that a Party acts in bad faith, causing another Party to suffer loss, then general principles of equity, estoppel, or laws dealing with misleading and deceptive conduct may become relevant.To browse Academia. Skip to main content. Log In Sign Up.

Simon Peter Kitimbo. Rising to a grave matter of peace and security, the United Nations as a whole decided to instruct the International Law Commission to develop a United Nations Convention Against the Spread of Infectious Diseases in order to establish a proper international institutional legal framework for the control of the spread of infectious diseases.

Specifically, this has been inspired by the recent outbreak if the Ebola virus that ravaged parts of West Africa with spill over cases being discovered in different countries in Europe as well as the USA.

The Treaty has since been drafted, authenticated and adopted by a significant number of states under the United Nations and now available for ratification by like-minded states, interested in seeing off the scourge of very, dangerous and hazardous diseases on the planet. Uganda, being a champion against infectious diseases, particularly Ebola, is desirous of being among the first 10 states to ratify the Convention. However, it has come to the attention of the Uganda delegation at the United Nations in New York that some aspects of the new Treaty are problematic and that might be a needed to backtrack on the Treaty.

legal memorandum sample pdf

Specifically, there is an entire part of the Convention Part III that has Articles requiring persons from countries with a history of a heavy prevalence of high- risk infectious diseases to undergo severe scrutiny and serious checks before travelling to countries overseas or states in a different continent.

The European states, in particular, have unequivocally stated that they are not ready to accept any deviation from this particular part of the convention. International Law was initially concerned exclusively with regulating inter-state relations and then only in respect of diplomatic relations and the conduct of war. International Law has expanded both in terms of subjects and its content.

For instance major problems of international concern have been tackled collectively by states other than attempting individual state action. Further the Vienna Convention on the law of Treatieswith criticism defines a treaty under Article 2 1 a to mean an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particulars designation be.

The intention of the parties to the treaty is more important than nomenclature as treaties have been given different names such as Declaration, Agreements, Acts, Convention and Protocols. In national jurisdiction, legislation is the manifestation of the supreme will of the State.

Once enacted or ordained, it is binding on all those for whom it has been made. But in international law, Treaties between states are agreements of states and states are sovereign equals. No State can punish another for disobedience of a Treaty. Therefore Treaties are legally binding because there exists a customary rule of International law under which Treaties are binding.These sample legal research memos and briefs were prepared by National Legal Research Group's Senior Attorneys and are categorized by both subject matter and author.

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Contact our team today to see how we can help you with your case. In addition, we have helped clients with pleadings in every state and federal court. We also offer free consultations to discuss your case in more detail with one of our attorneys. Our attorneys are also highly skilled legal writers. To learn more about our services Click Here. Receiving your reports through telephone or email provides you with access to the legal research expertise of our attorneys for expert analysis of legal issues when a written product is not essential.

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