Writing a law memorandum on criminal and civil procedure

You are basically asked to identify and analyze so-called "issues" generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might. Most exams are hours in length, and either "closed" or "open book. Normally "open book" allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students.

Writing a law memorandum on criminal and civil procedure

Notice of appearance before police officer- 1 The police officer shall in all cases where the arrest of a person is not required under the provisions of sub-section 1 of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

Procedure of arrest and duties of officer making arrest Procedure of arrest and duties of officer making arrest- Every police officer while making an arrest shall- a bear an accurate, visible and clear identification of his name which will facilitate easy identification; b prepare a memorandum of arrest which shall be- i attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made; ii countersigned by the person arrested; and c inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.

Control room at districts- 1 The State Government shall establish a police control room- a in every district; and b at State level.

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Right of arrested person to meet an advocate of his choice during interrogation- When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.

Arrest on refusal to give name and residence- 1 When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India. Arrest by private person and procedure on such arrest- 1 Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.

Arrest by Magistrate- 1 When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

Protection of members of the Armed Forces from arrest- 1 Notwithstanding anything contained in sections 41 to 44 both inclusiveno member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.

Arrest how made- 1 In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

Search of place entered by person sought to be arrested- 1 If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him such free ingress thereto, and afford all reasonable facilities for a search therein.

Provided that, if any such place is an apartment in the actual occupancy of a female not being the person to be arrested who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.

Pursuit of offenders into other jurisdictions- A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

No unnecessary restraint- The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. Person arrested to be informed of grounds of arrest and of right to bail- 1 Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.

Obligation of person making arrest to inform about the arrest etc to a nominated person- 1 Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information.

Search of arrested persons- 1 Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail The officer making the arrests or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.

Power to seize offensive weapons- The officer or other person making any arrest under this Code may taken from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.

Examination of accused by medical practitioner at the request of police officer- 1 When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonable necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.

Examination of person accused of rape by medical practitioner- 1 When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.

Examination of arrested person by medical practitioner at the request of the arrested person- When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.

Identification of person arrested- Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction, may on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit: Procedure when police officer deputes subordinate to arrest without warrant- 1 When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant otherwise than in his presence any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

writing a law memorandum on criminal and civil procedure

Health and safety of arrested person- It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.

Person arrested to be taken before Magistrate or officer in charge of police station- A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

Police to report apprehensions- Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

Discharge of person apprehended- No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.

Powers, on escape, to pursue and re-take- 1 If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.

Arrest to be made strictly according to the Code- No arrest shall be made except in accordance with the provisions of this Code or any other law for the time being force providing for arrest.When a person lies, fabricates facts or otherwise provides false testimony in a deposition, they have committed perjury.

Texas law allows for perjury to be punished both through use of civil sanctions and through the imposition of criminal penalties, including imprisonment. One Course from the following list: Federal Courts, Criminal Procedure: The Adjudicative Process, Criminal Procedure: The Investigative Process, Plaintiff’s Employment Law Litigation, Civil Litigation, Criminal Defense Litigation, Vaccine Injury Litigation, Family Law Clinic, or the component of LW 4 will be covered in Legal Writing 4.

Search form

Criminal Law and Procedure: Search and Seizure—Motion to Suppress. Our experienced team of legal research and writing attorneys can provide appellate brief writing services for Federal Courts of Appeal, State Courts of Appeal, and the United States Supreme Court.

"I was very satisfied with the research memorandum which . Criminal Law and Procedure: Search and Seizure—Motion to Suppress. Our experienced team of legal research and writing attorneys can provide appellate brief writing services for Federal Courts of Appeal, State Courts of Appeal, and the United States Supreme Court.

"I was very satisfied with the research memorandum which Alistair. PLAINTIFF'S TRIAL MEMORANDUM. Plaintiff, through counsel, most respectfully alleges: STATEMENT OF FACTS: In order that this honorable court may be enlightened and guided in the judicious disposition of the above-entitled case, cited hereunder the material, relevant and pertinent facts of the case to wit.

Idaho Rules of Family Law Procedure Rule Motion Practice.

Home > Legal Writing Center > For Students > Drafting a Law Office Memorandum > Sample Memo Since memo writing is predictive writing, you should try to maintain an objective and impartial tone as you recount the facts. This is not to say that you should omit facts that have an emotional impact. Rules and of the Federal Rules of Civil Procedure, are often cited in combination with a specific local rule to form a basis for a civil discovery motion. Rule 16, Federal Rules of Criminal Procedure, is the basis for a criminal discovery motion. The Federal Rules of Civil Procedure, Rule 52, applies in Civil and Criminal actions with equal force and effect because criminal is always civil in nature. No civil or criminal cause of action can arise lest there be a contract.

A. Motions and other papers.

writing a law memorandum on criminal and civil procedure

An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor including the number of the Rule of Family Law Procedure or Idaho Rule of Civil Procedure, if any, under which it is.

Chapter V of Criminal Procedure Code - WRITING LAW