The last step is to write the MPT problem. Here is how you incorporate the last steps.
Begin to Write Your Answer
Review the Task memo and make sure your outline incorporated or accounted for each required issue; note the relevant facts; cite applicable legal authority; account for how the law and facts support your theory; and if appropriate, cite contrary authority and distinguish it.
Review the Instruction Memo quickly to verify your task format and its required components
Write the Required Response
After completing your reading of the Library and File, you’re ready to begin the task of writing. Your job is to discuss the issues and the controlling rule of law. Here is where you get your points. Don’t waste time by reciting the facts or providing needless background information.
Answer the question that was asked of you
Adopt the tone and format required for the task
Write persuasive subject headings including stating the legal conclusion you want the court to reach and the factual basis on which it can do so; write each point heading as a conclusory statement combining the law with the relevant facts; and write in a coherent, logical and persuasive thesis sentence.
Give adequate treatment to the cases in the Library.
Avoid copying passages from cases or statutes.
Make the relevant arguments on how the law and the facts support your theory
Make sure the contrary authority has been cited and distinguished.
Cite to the appropriate authorities for statements of the rule.
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
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Friday, December 7, 2012
Thursday, December 6, 2012
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.
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
Bar Professors can help you succeed
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.
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
Bar Professors can help you succeed
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.
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
Bar Professors can help you succeed
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.
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
Bar Professors can help you succeed
Tuesday, December 4, 2012
The February 2013 Bar Exam: The Multistate Performance Test , Part Two
The Multistate Performance Test is designed to test an applicant’s ability to use fundamental lawyering skills in a realistic situation.
Each test evaluates an applicant’s ability to complete a task which a beginning lawyer should be able to accomplish.
The Multistate Performance Test examines six fundamental lawyering skills that are required for the performance of many lawyering tasks.
Problem solving: The applicant should demonstrate the ability to develop and evaluate strategies for solving a problem or accomplishing an objective.
Legal analysis and reasoning: The applicant should demonstrate the ability to analyze and apply legal rules and principles.
Factual analysis: The applicant should demonstrate the ability to analyze and use facts and to plan and direct factual investigation.
Communication: The applicant should demonstrate the ability to communicate effectively in writing.
Organization and management of a legal task: The applicant should demonstrate the ability to organize and manage a legal task.
Recognizing and resolving ethical dilemmas: The applicant should demonstrate the ability to represent a client consistently with applicable ethical standards.
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
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Bar Professors can help you succeed
Each test evaluates an applicant’s ability to complete a task which a beginning lawyer should be able to accomplish.
The Multistate Performance Test examines six fundamental lawyering skills that are required for the performance of many lawyering tasks.
Problem solving: The applicant should demonstrate the ability to develop and evaluate strategies for solving a problem or accomplishing an objective.
Legal analysis and reasoning: The applicant should demonstrate the ability to analyze and apply legal rules and principles.
Factual analysis: The applicant should demonstrate the ability to analyze and use facts and to plan and direct factual investigation.
Communication: The applicant should demonstrate the ability to communicate effectively in writing.
Organization and management of a legal task: The applicant should demonstrate the ability to organize and manage a legal task.
Recognizing and resolving ethical dilemmas: The applicant should demonstrate the ability to represent a client consistently with applicable ethical standards.
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
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Bar Professors can help you succeed
Monday, December 3, 2012
The February 2013 Bar Exam: The Multistate Performance Test
Many states, including the Uniform Bar Exam, have a multistate performance test.
The MPT consists of a 90-minute skills question covering legal analysis, fact analysis, problem solving, resolution of ethical dilemmas, organization and management of a lawyering task, and communication.
The test is developed by a drafting committee that has had extensive experience in writing, editing, and grading performance test items. All MPTs are pretested, critiqued by independent experts, and reviewed by the boards of states using the test prior to final revision by the drafting committee. Each MPT is accompanied by a grading guideline designed to assist states in scoring the test.
The MPT items are administered the same day as the MEE. States score the test themselves and determine what weight to give it in relationship to the other parts of their bar examinations.
The MPT is not a test of substantive knowledge. Rather, it is designed to examine six fundamental skills lawyers are expected to demonstrate regardless of the area of law in which the skills arise. The MPT requires applicants to (1) sort detailed factual materials and separate relevant from irrelevant facts; (2) analyze statutory, case, and administrative materials for principles of law; (3) apply the law to the relevant facts in a manner likely to resolve a client's problem; (4) identify and resolve ethical dilemmas, when present; (5) communicate effectively in writing; (6) complete a lawyering task within time constraints.
These skills are tested by requiring applicants to perform one of a variety of lawyering tasks. Examples of tasks applicants might be instructed to complete include writing the following: a memorandum to a supervising attorney; a letter to a client; a persuasive memorandum or brief; a statement of facts; a contract provision; a will; a counseling plan; a proposal for settlement or agreement; a discovery plan; a witness examination plan; a closing argument.
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
Bar Professors can help you succeed
The MPT consists of a 90-minute skills question covering legal analysis, fact analysis, problem solving, resolution of ethical dilemmas, organization and management of a lawyering task, and communication.
The test is developed by a drafting committee that has had extensive experience in writing, editing, and grading performance test items. All MPTs are pretested, critiqued by independent experts, and reviewed by the boards of states using the test prior to final revision by the drafting committee. Each MPT is accompanied by a grading guideline designed to assist states in scoring the test.
The MPT items are administered the same day as the MEE. States score the test themselves and determine what weight to give it in relationship to the other parts of their bar examinations.
The MPT is not a test of substantive knowledge. Rather, it is designed to examine six fundamental skills lawyers are expected to demonstrate regardless of the area of law in which the skills arise. The MPT requires applicants to (1) sort detailed factual materials and separate relevant from irrelevant facts; (2) analyze statutory, case, and administrative materials for principles of law; (3) apply the law to the relevant facts in a manner likely to resolve a client's problem; (4) identify and resolve ethical dilemmas, when present; (5) communicate effectively in writing; (6) complete a lawyering task within time constraints.
These skills are tested by requiring applicants to perform one of a variety of lawyering tasks. Examples of tasks applicants might be instructed to complete include writing the following: a memorandum to a supervising attorney; a letter to a client; a persuasive memorandum or brief; a statement of facts; a contract provision; a will; a counseling plan; a proposal for settlement or agreement; a discovery plan; a witness examination plan; a closing argument.
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
Bar Professors can help you succeed
Sunday, December 2, 2012
The February 2013 Bar Exam: Essay Writing for the Bar Exam
Essay writing is a skill that you must master in order to pass the bar exam. For those persons who have failed the bar exam and are repeat takers, you have to examine how you have answered your essays and look for ways to improve your performance.
Always, write for an uninformed audience. For example, assume your audience knows nothing about the law. The bar examiners look for how well you know the substantive knowledge and how well you apply it.
You want to be able to show you can communicate the law, through your essay, in an organized fashion, If you are poorly organized, the examiner will find it hard to follow your train of thought or to give you much needed points. Your writing skills do matter as does spelling and grammar and using legal terminology.
Practice Time Management
Practice Writing
Keep sentences short and concise
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
Bar Professors can help you succeed
Always, write for an uninformed audience. For example, assume your audience knows nothing about the law. The bar examiners look for how well you know the substantive knowledge and how well you apply it.
You want to be able to show you can communicate the law, through your essay, in an organized fashion, If you are poorly organized, the examiner will find it hard to follow your train of thought or to give you much needed points. Your writing skills do matter as does spelling and grammar and using legal terminology.
Practice Time Management
Practice Writing
Keep sentences short and concise
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
Bar Professors can help you succeed
Saturday, December 1, 2012
The February 2013 Bar Exam: The MBE
I have talked with many students this bar exam cycle about their MBE scores. Many students I talked with failed the MBE while passing the state portion of their bar exam. The MBE is always difficult because you have to get the right answer or you get no points. Across the board, whether you are from Harvard or from a third tier score, contracts and property are one and two for the hardest subjects of the six – and where most students have the most difficult. Torts is ranked as the easiest subject in terms of how many questions students get right nationally.
For those who failed the MBE exam, evaluate your scores carefully. Were your scores low in every subject or did you do well in some subjects and not well in others? This evaluation will determine how you should study of the February 2013 bar exam. If you have across the board weakness, then you have problems with the analytical portion of the test – you are not understanding the strategy of elimination. If you scores reflect an up and down weakness per subject matter, then you need to concentrate on those weak subject while not forgetting to work on your stronger subjects.
As the February 2013 bar comes closer, we will discuss strategies and tactics for the MBE.
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
Bar Professors can help you succeed
For those who failed the MBE exam, evaluate your scores carefully. Were your scores low in every subject or did you do well in some subjects and not well in others? This evaluation will determine how you should study of the February 2013 bar exam. If you have across the board weakness, then you have problems with the analytical portion of the test – you are not understanding the strategy of elimination. If you scores reflect an up and down weakness per subject matter, then you need to concentrate on those weak subject while not forgetting to work on your stronger subjects.
As the February 2013 bar comes closer, we will discuss strategies and tactics for the MBE.
Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
Bar Professors can help you succeed
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