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 periodicals archive ?
We signed a number of important documents, including the Memorandum for strategic cooperation between Gazprom and Irans Petroleum Ministry.
Memorandum issuance ought to be consistent with these pursuits.
According to VMRO-DPMNE, with the signing of the Memorandum one of the demands of the 1 March agreement has been met.
The revised memorandum contains these key guidelines:
The memorandum incorporates existing agreements between APHA and Affiliates established by APHA by-laws, updates those agreements and seeks a higher and consistent standard for Affiliate business practices.
AU's mailing, and in particular its Cerny memorandum, provides information from court cases and the IRS debunking such rhetoric.
This Commissioner's Memorandum (CM) more fully describes both this mentoring initiative and other available opportunities for State VR agencies to utilize the unique contributions that consumer organizations can make throughout the VR process ranging from direct interaction with VR participants to meaningful impact upon systemic issues, such as statewide planning and policy development.
Although the two-year Memorandum of Agreement still contains a wage reduction of 11 per cent but with no retroactivity, it also contains a clear restriction on the number of jobs that may be contracted out during the lifetime of the contract with no more than 400 full-time employee lay offs in the first year and no more than 200 full-time employees in the second year.
Clear and concise language is the hallmark of a good memorandum of interview.
Each agency hopes the memorandum will multiply its investigative power.
Those of you who read the Program Memorandum and notice the line at the end that says "This PM maybe discarded after July 1, 2005," don't get your hopes up; it simply means that CMS has the option of issuing new instructions to Fis/carriers after that date on how to implement the therapy caps.