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MemorandumAn 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. 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.
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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.'
Literally, to be remembered. It is an informal instrumentrecording some fact or agreement, so called from its beginning, when it wasmade in Latin. It is sometimes commenced with this word, though written inEnglish; 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 theclause of an instrument.MEMORANDUM, insurance. A clause in a policy limiting the liability of theinsurer.
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(redirected from memorandums) Also found in: Thesaurus, Legal, Financial, Encyclopedia. Related to memorandums: memoranda. Memorandum Templates & Examples. We need more memorandum examples and templates. They can be contributed by sending to [email protected] or by pasting into the form below.
Its usual form is as follows, namely, 'N. Corn, fish, salt,fruit, flour and seed, are warranted free from average, unless general, orthe ship be stranded: sugar, tobacco, hemp, flax, hides and skins, arewarranted free from average, under five percent; and all other goods, alsothe ship and freight, are warranted free from average, under three percentunless general, or the ship be stranded.' Ins.223; 5 N. 293; Id.540; 4 N. 435.Want to thank TFD for its existence?, add a link to this page, or visit.Link to this page: Memorandum.
Published 6:37 AM EST Jan 25, 2017
WASHINGTON — President Trump signed three high-level presidential directives on Monday, but they weren't executive orders.
Instead, they were styled as presidential memoranda, an increasingly common but lesser known expression of presidential power that came to replace many executive orders under President Obama.
Presidential memoranda are 'executive orders by another name, and yet unique,' wrote presidential scholar Phillip Cooper on his book By Order of the President: The Use and Abuse of Executive Direct Action.
Both forms of presidential action have the force of law on the executive branch, and sometimes they seem to be used interchangeably. Even presidents sometimes mix them up, referring to memoranda as executive orders, as President Trump did Monday on Facebook.
'Something that's in a presidential memorandum in one administration might be captured in an executive order in another,' Jim Hemphill of the Office of the Federal Register told USA TODAY in 2014. 'There's no guidance that says, 'Mr. President, here's what needs to be in an executive order.'
So the differences can be subtle and subjective, but here are a few:
► Numbering: Executive orders are numbered. Trump's most recent order, titled, 'Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal,' is Executive Order 13765. Presidential memoranda are not numbered, which makes them more difficult to count.
► Prestige: An order sounds more assertive than a memo, and the numbering system gives executive orders an aura of power.
► Publication: Executive orders are required by law to be published in the Federal Register, which is sort of the executive counterpart to the Congressional Record. Presidential memoranda may be published or not, depending on the subject. But it's the publication of the memorandum that gives them 'general applicability and legal effect.'
► Precedence: Certain types of orders are given priority in publication in the Federal Register, and may take legal precedence. The hierarchy is: Proclamations, executive orders, presidential memoranda, presidential notices, and presidential determinations. Notices and determinations are usually required by Congress on specific issues.
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► Authority: Under an executive order signed by President John F. Kennedy, an executive order must cite the authority the president has to issue it. That could be the constitution, or a specific statute. Presidential memoranda have no such requirement.
► Amendments: An executive order can only be amended or rescinded by another executive order. A presidential memorandum can be changed with another memorandum.
► Subjects: Executive orders are often organizational, used to create new executive branch committees, processes or lines of responsibility. They can impose economic sanctions on other countries, declare states of emergency, or give federal workers a day off. Presidential memoranda are used to delegate tasks and reports assigned by Congress to the president, start a regulatory process, or direct a specific department or agency to do something.
► Cost estimates: In 2014, fed up with Obama's executive orders, Congress required the White House Office of Management and Budget to begin reporting on the cost of executive orders. But Congress neglected to include presidential memoranda, and included them the next year — but only for a memorandum with an estimated regulatory cost of $100 million or more.
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