Your Discussion section is the heart of your legal memo. It is where you analyze the legal issue at hand.
You must organize your discussion of the law clearly and logically to allow the reader to easily follow your rationale. Generally, you should organize your discussion according to the structure of the relevant legal rules. If the broad legal issue you are analyzing has four main sub-parts, then organize your analysis into four main sub-parts. Ideally, you would address each of these sub-parts in separate sections within your Discussion section. See Analysis Subsections.
You must organize your discussion of the law clearly and logically to allow the reader to easily follow your rationale. Generally, you should organize your discussion according to the structure of the relevant legal rules. If the broad legal issue you are analyzing has four main sub-parts, then organize your analysis into four main sub-parts. Ideally, you would address each of these sub-parts in separate sections within your Discussion section. See Analysis Subsections.
Prior to your Analysis Subsections, you might begin your Discussion section with an Umbrella Paragraph that provides an overview of the law. In providing that overview, start off with a broad statement of the law, then narrow down to the more finite elements of the law and the issues that you will discuss in the memo. This is like a road map for the reader to understand the law, which will provide helpful context when reading the remainder of your Discussion section.
You should then proceed to discuss the specific elements of the legal rule, preferably in separate subsections and in the same order that you identified them within your umbrella paragraph.
Although you can use traditional paragraphing and narrative to separate your discussion of each of these sub-issues, I strongly recommend using numbered or lettered sections to make it easier for your reader to follow your analysis. Thus, each numbered subsection will address one sub-issue, and one sub-issue only.
While each of these sub-sections relate to each other in some capacity, you should treat each subsection distinctly. Once you have broken down your Discussion into separate subsections, you have demonstrated to the reader that the relevant rule at hand is made up of different elements. Each subsection addresses one, and only one, of those elements. Do not confuse the reader by either discussing one of the other elements that you have identified, or by discussing the law in more general terms. Strictly discuss the element identified at the start of the subsection and how that element relates to the the ultimate determination in terms of satisfying the law.
While each of these sub-sections relate to each other in some capacity, you should treat each subsection distinctly. Once you have broken down your Discussion into separate subsections, you have demonstrated to the reader that the relevant rule at hand is made up of different elements. Each subsection addresses one, and only one, of those elements. Do not confuse the reader by either discussing one of the other elements that you have identified, or by discussing the law in more general terms. Strictly discuss the element identified at the start of the subsection and how that element relates to the the ultimate determination in terms of satisfying the law.
