It is based on Hypothetical interpretation
PURPOSE:
• Inform reader of law and facts
• Explain law, facts, possible results
• Evaluate, assess, and analyze
• Predict a result
FEATURES:
• States the facts objectively
• Neutral analysis legal question
I. ANALYSIS The FACTS and LAW are analyzed and studied closely.
The facts are then applied to the law or jurisprudence; and
They are interpreted according to the meaning of the law.
II. PREDICTION The outcome of the legal question, whether positive or negative, is
predicted.
III. RECOMMENDATION The writer , based on the facts and law, gives his advice or
recommendation as to what is the best line of action under the circumstances/
In writing a predictive analysis, you are not writing to persuade a
court but to predict how a court would apply the law to the facts of the
situation. Therefore, you need to maintain an objective tone and
remember to address any counterarguments.
1. Heading or Caption
2. Facts Provide a formal and legal significant facts in your research problem
3. Question Presented The question incorporates legally relevant facts as well as the rule involved.
4. Brief Answer Should clearly and fully respond to the question presented.
5. Discussion Provide an analysis, evaluation and assessment as to how the a legal
principle applies to the relevant facts.
6. Conclusion Summarize your analysis and conclusion to the question
presented
7. Heading or Caption
Begin the first page as follows:
MEMORANDUM
TO: Name of person who assigned research project
FROM: Your name
DATE: Date memo is turned in
RE: Name of client and a short description of the subject matter of the memorandum
FACTS Carpio hated his wife so much because she is ugly. One day, he decided to kill her. He consulted with a veterinarian to prescribe him a poison under the guise of killing rats inside their dwelling. Upon returning home, he applied the said poison to his wife’s meryenda. However, he felt guilty and rushed to the police station confessing his evil deed. When the police officers visited their home, they were surprised to see that the wife is very much alive and even offered them a good soup. Eventually, the authorities found out that the said poison is actually just a coconut oil mistakenly prescribed by the veterinarian.
QUESTION PRESENTED Is Carpio liable for impossible crime?
Brief Answer Yes. Article 4 par. 2 makes a person criminally liable for an offense against persons or property where it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate and ineffectual means. Carpio though he was not able to consummate the crime of murder because of inadequate means, nevertheless, he intended to kill his wife. Thus, he is liable for impossible crime.
DISCUSSION: i. Short Thesis Paragraph
ii. Introductory Paragraph
iii. In depth explanation of the rule
iv. Application of law to facts
Comparative analysis
Conclusion:
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