Wednesday, December 5, 2012

The February 2013 Bar Exam: Answering The Multistate Performance Test

Here is how you answer the MPTs in easy to understand steps:

Review the Instructions

Skim the paragraphs to check the requirements. There is an instruction sheet on the back of every MPT. Read it during your preparation so as not to waste precious time on the exa

Verify the jurisdiction paragraph to know what is mandatory as opposed to what is merely persuasive authority. You must know the court structure before you read the cases so you can determine what is mandatory and what is merely persuasive authority.

Scan the Table of Contents

Identify the general area of law. From the listings in the Library, you can often determine the general subject area and use it to inform the rest of your reading. Don’t freak out if the subject area is unfamiliar to you. You’ll be given all the relevant law you need to solve the problem.

Determine whether it’s a statutory or common law problem

Read the Task Memo Carefully and Completely

Identify the issue you’re asked to resolve. Are there sub-issues? The Task Memo reveals the precise issue you’re asked to resolve. Read these paragraphs two or three times to be certain you have identified the issue. It’s usually in the last 2 paragraphs of the memo. Write the issue on your scratch paper so that you remain focused as you proceed. Be careful not to change or vary the language of the question.

Read the directions carefully. You may be asked to identify additional facts. Also, note any exclusions.

Identify your specific assignment by noting the precise nature of the task: memo, persuasive brief, client letter, contract provision, etc. Identify your point of view – whether it’s objective or persuasive. This will inform the nature of your reading because you’ll read the materials with a critical eye.

Identify your audience – is it a lawyer or layperson?

Note any exclusions. Sometimes you are told not to consider a specific issue. Your job is not to discuss it.

Next time, we will discuss the next steps of how to answer the MPT.

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