memorandum

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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 ?
OSD Memorandum, Proper Use of Non-DoD Contracts, October 29, 2004
Editor's note: View the distribution and enclosures to this memorandum at<https://webportal.
This memorandum is part of an ongoing cooperation between the FTB and IRS that has seen the FTB publicizing the IRS voluntary compliance initiatives--opportunities for individuals to come forward and avoid costly penalties.
Each agency hopes the memorandum will multiply its investigative power.
In dismissing the state law claims, the court held such language, along with other warnings in the offering memorandums, should have put the investors on notice there was no guarantee of success when investing in the partnerships.
The memorandum was marked ``Privileged and Confidential Attorney-Client Communication.
8 Keeley faxed a copy of the confidential memorandum to Shiner, California Energy's chief lawyer.
The TIGER-LYNK(TM) robots have the potential to become one of the most valuable tools to the industrial marine industry, hence we are working diligently to fulfill the requirements setout in the Memorandum of Understanding to fully merge these companies before the end of the year," stated Westgarde.
Interested potential participants should send their stock memorandum along with company Web site addresses and business plan (if available) to info@ipequity.
Abacan has also executed a Memorandum of Understanding with Addax Petroleum Cote d'lvoire of Geneva, Switzerland, granting Abacan the right of first refusal to acquire a 20 percent interest in the C1-26 Concession Block located offshore in the Republic of Cote d'lvoire.