Memorandum

Memorandum in the United States

Memorandum Definition

(Lat. from memorare, to remember). A note to assist the memory. An informal instrument recording some fact or agreement; so called from its beginning, when it was made in Latin. It is sometimes commenced -said the definition of Memorandum based on The Cyclopedic Law Dictionary– with this word, though written in English; as, “Memorandum, that it is agreed;” or it is headed with the words, “Be it remembered that,” etc. In English Practice. The commencement of a record in king’s bench, now written in English, “Be it remembered,” and which gives name to the whole clause. It is only used in proceedings by bill, and not in proceedings by original, and was introduced to call attention to what was considered the bye-business of the court. 2 Tidd. Pfac. 775. Memorandum is applied, also, to other forms and documents in English practice; e. g., “memorandum in error,” a document alleging error in fact, and accompanied by an affidavit of such matter of fact. 15 & 16 Vict. c. 76, § 158. Also, a “memorandum of appearance,” etc., in the general sense of an informal instrument, recording some fact or agreement. A writing required by the statute ol frauds. Vide “Note or Memorandum.” In Insurance. A clause in a policy limiting the liability of the insurer.

Note Or Memorandum Definition

No form of language used in a writing is necessary in order to comply with the Statute of Frauds, requiring some “note or memorandum” as evidence of a contract not in writing, provided -accordin to the definition of Note Or Memorandum based on The Cyclopedic Law Dictionary– that from the writing the intention may be gathered, and any writing from a solemn deed down to hasty notes or memoranda in books, papers, or letters will satisfy the statute, provided that the writing contains on its face or by reference to other writings, the names of the parties, a description of the property, sufficient for its identification, together with the terms, conditions and consideration. 209 111. 478.

Memorandum of Understanding

The U.S. Securities and Exchange Commission signs “Memorandum of Understandings” with other countries regarding the exchange of information on various matters. The SEC published them as Releases in the International Series, available in the SEC Docket and on Lexis (FEDSEC/SECREL).

Memorandum in Foreign Legal Encyclopedias

For starting research in the law of a foreign country:

Link Description
Memorandum Memorandum in the World Legal Encyclopedia.
Memorandum Memorandum in the European Legal Encyclopedia.
Memorandum Memorandum in the Asian Legal Encyclopedia.
Memorandum Memorandum in the UK Legal Encyclopedia.
Memorandum Memorandum in the Australian Legal Encyclopedia.

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Resources

See Also

Securities and Exchange Commission

Further Reading (Articles)

McNulty Memorandum Revises DOJ Guidelines for Corporate Prosecutions, but Is It Enough?(Paul McNulty )(Department of Justice ), Mondaq Business Briefing; January 12, 2007

MEMORANDUM WITHDRAWN, New Straits Times; January 22, 2006; Zubaidah Abu Bakar M.K. Megan

The Thompson Memorandum: A Revised Solution or Just a Problem?, Journal of Corporation Law; January 1, 2005; Couden, Carmen

The Offering Memorandum Exemption in A Nutshell, Mondaq Business Briefing; December 16, 2013

The Law: Presidential Memoranda and Executive Orders: Of Patchwork Quilts, Trump Cards, and Shell Games, Presidential Studies Quarterly; March 1, 2001; Cooper, Phillip J

The Mcnulty Memorandum: Revising DOJ Policy For Gauging Cooperation And Bringing Charges Against Corporations.(Department of Justice), Mondaq Business Briefing; January 22, 2007

Department of Justice Modifies Thompson Memorandum Guidance on Attorney-Client Privilege Waivers and Advancement Of Attorneys’ Fees In Government Investigations., Mondaq Business Briefing; January 23, 2007

President Obama’s New Memorandum on Federal Agency Use of Renewable Energy and Energy Management, Mondaq Business Briefing; December 10, 2013; Koch, Amy

Memorandum on Designation of Officers of the Office of the Director of National Intelligence To Act as Director of National Intelligence, Daily Compilation of Presidential Documents; March 8, 2011; Obama, Barack H

Memorandum on Designation of Officers of the Office of Personnel Management to Act as Director of the Office of Personnel Management, Daily Compilation of Presidential Documents; May 21, 2012; Obama, Barack H.

KASE – BTA Bank (Kazakhstan) published supplemental information memorandum on restructuring.,Kazakhstan Stock Exchange News; May 24, 2010

A reaffirmation: the authenticity of the Roberts memorandum, or Felix the non-forger. (Justices Felix Frankfurter and Owen J. Roberts), University of Pennsylvania Law Review; June 1, 1994; Friedman, Richard D.

Invited Comment on Warren Samuels’s “Speculative Memorandum”, The American Journal of Economics and Sociology; July 1, 2003; Cord, Steven

Memorandum on Designation of Officers of the General Services Administration to Act as Administrator of General Services, Daily Compilation of Presidential Documents; September 20, 2013; Obama, Barack H.

Memorandum on Designation of Officers of the National Archives and Records Administration to Act as Archivist of the United States, Daily Compilation of Presidential Documents; May 21, 2012; Obama, Barack H.;

Memorandum on Designation of Officers of the Office of the Director of National Intelligence to Act as Director of National Intelligence, Daily Compilation of Presidential Documents; September 20, 2013; Obama, Barack H.

MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF UKRAINE ON UNCONVENTIONAL GAS RESOURCES., States News Service; February 23, 2011

Memorandum on Designation of Officers of the Overseas Private Investment Corporation To Act as President of the Overseas Private Investment Corporation, Daily Compilation of Presidential Documents; June 6, 2011

Memorandum on Enhancing Payment Accuracy Through a “Do Not Pay List”, Daily Compilation of Presidential Documents; June 18, 2010; Obama, Barack H

Presidential Memorandum — Designation of Officers of the General Services Administration to Act as Administrator of General Services, States News Service; September 20, 2013

Memorandum: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Memorandum. This part provides references, in relation to Memorandum, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Memorandum by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Memorandum and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Memorandum or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Memorandum and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Memorandum. Finding these decisions can be challenging. In many cases, researchers about Memorandum should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Memorandum when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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