memorandum


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Related to memorandum: Memorandum of Association

Memorandum

An informal record, in the form of a brief written note or outline, of a particular legal transaction or document for the purpose of aiding the parties in remembering particular points or for future reference.

A memorandum may be used in court to prove that a particular contract was made. For instance, in a real estate transaction, a memorandum can be used to show that the parties to a sale have entered into an agreement to sell a particular parcel at an indicated price, in addition to other details of the agreement. This type of memorandum is also referred to as a binder.

An attorney might use a memorandum to explain and summarize a specific point of law for a judge or for another attorney.

A memorandum decision is a written decision, issued by a court, which reports the ruling, and the decisions and orders of the court. It does not, however, contain an opinion, which is an explanation of the rationale upon which the decision was based.

memorandum

n. 1) a brief writing, note, summary or outline. 2) A "memorandum of decision," or "memorandum opinion" are brief statements by a judge announcing his/her ruling without detail or giving extensive reasons, which may or may not be followed by a more comprehensive written decision. Such memoranda (plural) are issued by appeals courts in language such as: "The petition of appellant is denied for the reasons stated in Albini v. Younger," or "The decision below is affirmed."

memorandum

noun  annotation, brief, chronicle, memoir, notation, note, postnote, record, report
Associated concepts: memorandum of law
See also: brief, entry, marginalia, notation, note, notice, record, register, reminder

MEMORANDUM. Literally, to be remembered. It is an informal instrument recording some fact or agreement, so called from its beginning, when it was made in Latin. It is sometimes commenced with this word, though written in English; as "Memorandum, that it is agreed," or it is headed with the words, "Be it remembered that," &c. The term memorandum is also applied to the clause of an instrument.

MEMORANDUM, insurance. A clause in a policy limiting the liability of the insurer. Its usual form is as follows, namely, "N. B. Corn, fish, salt, fruit, flour and seed, are warranted free from average, unless general, or the ship be stranded: sugar, tobacco, hemp, flax, hides and skins, are warranted free from average, under five percent; and all other goods, also the ship and freight, are warranted free from average, under three percent unless general, or the ship be stranded." Marsh. Ins.223; 5 N. S. 293; Id. 540; 4 N. S. 640; 2 L. R. 433; Id. 435.

References in classic literature ?
Thou art right," said Don Quixote, "and I cannot guess or explain what this may mean; but stay; let us see if in this memorandum book there is anything written by which we may be able to trace out or discover what we want to know.
It was just such a slip, indeed, as might have been chosen for a memorandum - for a record of something to be long remembered and carefully preserved.
But you will soon be in receipt of some," retorted the General, reddening a little as he dived into his writing desk and applied himself to a memorandum book.
Before I came away, my steward gave me a memorandum that we have in my own place more than a thousand, nearly all good.
Bagnet with a warmth approaching to rapture, engages himself for that day twelvemonth more than thankfully, makes a memorandum of the day in a large black pocket- book with a girdle to it, and breathes a hope that Mrs.
I find no mention of Bologna in my memorandum book, except that we arrived there in good season, but saw none of the sausages for which the place is so justly celebrated.
Letter from Lord Merrow, report from Sir Charles Hardy, memorandum from Belgrade, note on the Russo-German grain taxes, letter from Madrid, note from Lord Flowers Good heavens
Here are two letters from Count Nostitz and here is one from His Highness the Archduke Ferdinand and here are these," he said, handing him several papers, "make a neat memorandum in French out of all this, showing all the news we have had of the movements of the Austrian army, and then give it to his excellency.
Ladislaw," he continued, aloud, "just hand me the memorandum of the schedules.
But Michael was not received by Harris Collins, who, at the moment, sat in his private office, Harry Del Mar's last telegram on his desk, writing a memorandum to his secretary to query the railroad and the express companies for the whereabouts of a dog, crated and shipped by one, Harry Del Mar, from Seattle and consigned to Cedarwild.
Sebastien had that afternoon committed the great imprudence of carrying into the general office, for the purpose of copying, a paper which contained the most dangerous facts to make known prematurely, namely, a memorandum relating to the officials in the central offices of all ministries, with facts concerning their fortunes, actual and prospective, together with the individual enterprises of each outside of his government employment.
Make a memorandum of the name," Lord Holchester went on.