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Memorandum of Law for Federal Court?
I am the pro se Plaintiff in a Breach of Contract, Unjust Enrichment lawsuit that I have filed in federal court. The contract was signed between an Ohio domiciled party and a Florida domiciled party. My question is this: When I am preparing a Memorandum of Law for the Federal Court (Florida, Northern district), can I cite relevant cases from all 50 states or just from Florida and Ohio? I prefer than an attorney to answer this question. Thank you.
Public Comments
- If you're filing in Federal Court, you'll need to cite only Federal cases, because you're suing under Federal law. Federal courts don't abide by State decisions, because they may be ruling on a different law. Since a lawsuit between non-governmental parties must be for over $75,000 to be filed in Federal court, isn't there enough at stake to make it worthwhile paying a lawyer to answer these questions? Richard
- From a lawyer. You should cite authority from the circuit court of your jurisdiction but preferably from the U.S. Supreme Court. You can cite cases from any circuit but your circuit cares more authority. Make sure you use Shephard's Citations to determine has not been overruled or explained against your point. Only cite authority that has been upheld. Don't waste time citing minority opinions. I suggest that you write the memorandum and then try to find a law school website where you can post a question to law students and see if one of them will check your memo for the research and writing aspect of it. You also may want to see if an appeals lawyer might be willing to review it pro bono. Lawyers are required to do pro bono work, urge that in any communication to a lawyer. Don't pay any attention to people saying you must have a lawyer, it sounds like you know what you're doing and these people have no idea of your circumstances. I think I understand your circumstances, so more power to you.
