Conclusion
This is the final section of the memorandum. (PLEASE do not confuse this with paragraph 5 of the 5-paragraphs discussed above.)
We use the CRAC formula to write this section. It is similar in some ways to the thesis paragraph (discussed above), but a bit less formal. This will be explained as we continue below.
CRAC stands for
Conclusion
Relevant Rule
Analysis
Conclusion
First Conclusion –
Since you are now at the end of the memorandum, you have reached a legal conclusion. Therefore, it is best to begin this section with that conclusion. This is meant to let the reader know clearly what the answer is to the question you posed. You no longer need to phrase it as an “issue” because you have, in many ways, come to a resolution of that issue. For example,
Phrased as an issue – The issue is whether consideration existed in the contract.
Phrased as a conclusion – There was no consideration in the contract.
While there are times when phrasing a statement as an issue is best (like in the thesis paragraph), at this point in your memorandum, it is better to let the reader know your conclusion in a clear and direct way.
Relevant Rule –
This should be one or two sentences, explaining only the part of the rule that is relevant to your client’s case. In paragraph two of the 5-paragraph formula, and in the thesis paragraph, you were asked to include the specific and general rule of law. You may have needed to explain the rule to the reader. In this Conclusion section, you are permitted to jump directly to the portion of the rule that is most relevant to your case. There may be times when the relevant rule and the complete rule are the same, but when you can, it is a good idea to shorten the rule to include only the relevant part.
Analysis –
This is much like the analysis part from the thesis paragraph. You are providing about one sentence for every 5-paragraph analysis you wrote (one sentence for each sub-issue). This sentence will be a “mini-conclusion” on that issue along with a reason. It is short. It is direct. It is straightforward.
Ex – There is no consideration in the contract because there was no quid pro quo on the part of the defendant.
Final Conclusion –
This should be one sentence and should sound a lot like your first conclusion. Typically, a transition is used, like “therefore.”
Ex – Therefore, since there is no consideration, the contract is unenforceable.