The February 2013 Bar Exam: Answering The Multistate Performance Test – Part Two

Here are the next steps to answer the MPT:

Review the Instruction Memo

The bar examiners include this memo if they think you need guidance in completing the assigned task.

Note for a particular format or structure required for your answer. The memo provides guidelines for opinion letters, persuasive briefs, memos, etc. telling you exactly what to include and sometimes what not to include.

If a brief is required, make sure you need to include a statement of facts, a jurisdictional statement or persuasive subject headings. The Instruction Memo will advise whether your persuasive brief requires a statement of facts or not. A persuasive brief might require a factual statement while a trial brief might not.

Read the Library

Although the first part of the exam booklet is the File, you’re going to begin with the Library. Reading the law first informs your subsequent reading of the File. If you read the File first, with its various excerpts from depositions, client communications and attorney notes, it would be very difficult to sift the relevant from the irrelevant information. It would not be possible to know which fact were “relevant” until you knew the law and how the cases in your jurisdictions have interpreted that law. While reading the Library first does not guarantee you won’t have to review it again, it will make your subsequent reading of the File meaningful and immediately productive.

Read the cases first. Often, they will explain the statutes that are also in your file, thus saving some time.

For each case read the earliest case first and proceed chronologically; verify the jurisdiction to determine whether it is mandatory or persuasive authority for your problem; skim the facts to get a sense of story; identify the statement of the rule including determining if it is element-based or if you need to synthesize the rule from the cases or if it is a multi-part test formulated by the court; note any footnotes.

Adapt the rule in the cases to form your outline. Use the elements, the prongs of a rule or the components of a statute to form the roman numerals of your outline. A general outline is then in place as you read the rest of the Library. Add to and refine your understanding of the rule as well as add any exceptions or limitations to the rule as you read the other materials in the Library.

Be sure to leave adequate space under each section of your outline so you can add the appropriate facts when you read the File.

Read the File

After reading the Library and outlining the rule, you’re ready to read the File and add the relevant facts to the appropriate places in your outline. Use your outline of the issues and rules to keep focused.
Write your issue above your rule outline. By reading the File with the issue clearly in place, you can more easily identify the legally relevant facts from the sea of material in front of you. As you proceed, add the critical facts to the appropriate part of your outline.

Characterize the legal relationship of the parties

Identify the relevant facts based on your knowledge of the law from the library.
Add these facts to the appropriate sections of your rule outline.

Next time we will discuss the writing of the MPT.

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