MPT Flashcards
1
Q
What does the File contain in the MPT?
A
The File contains all information related to the facts of the case, including a Task Memo and factual documents.
2
Q
How long does an examinee have to complete each task in the MPT?
A
90 minutes.
3
Q
What percentage of the total score on the UBE does the MPT make up?
A
20%.
4
Q
What types of legal tasks may be assigned in the MPT?
A
- Memorandum to a supervising attorney
- Letter to a client
- Persuasive memorandum or brief
- Statement of facts
- Contract provision
- Will
- Counseling plan
- Proposal for settlement or agreement
- Discovery plan
- Witness examination plan
- Closing argument.
5
Q
What are the four most commonly tested tasks on the MPT?
A
- Objective memorandum
- Persuasive brief
- Opinion letter
- Demand letter.
6
Q
What is a wildcard task in the MPT?
A
A wildcard task may include a bench memorandum, a persuasive memorandum, a closing argument, an arbitration clause, or a complaint.
7
Q
What does the Library contain for the MPT?
A
The Library contains the law for the MPT, which is specifically created for the test.
8
Q
Are examinees expected to know any law to complete the MPT assignment?
A
No.
9
Q
What types of legal materials might be included in the Library?
A
- Cases
- Statutes
- Codes
- Ordinances
- Regulations.
10
Q
What is the purpose of the Task Memo in the File?
A
The Task Memo explains the specific assignment and provides details about the document to be created.
11
Q
What types of factual documents might the File contain?
A
- Transcripts of interviews
- Depositions
- Pleadings
- Contracts
- Medical records
- Police records.
12
Q
What should examinees do with irrelevant or inconsistent facts in the File?
A
Identify facts that are usable for completing the MPT assignment and ignore those that are not.
13
Q
What is the first step in approaching an MPT?
A
Scan the Task Memo for the task to be completed and the legal issues to be analyzed.
14
Q
What should examinees memorize for the MPT tasks?
A
The caption types for the four most commonly tested MPT tasks.
15
Q
What is the importance of identifying the issues in the MPT?
A
Identifying the issues is critical to completing the MPT task accurately and in a timely manner.
16
Q
What is the IRAC method used for in the MPT?
A
IRAC stands for Issue, Rule, Analysis, Conclusion, and is used to structure the legal analysis.
17
Q
What should be included in the introduction and conclusion of an MPT document?
A
An introduction explains the purpose of the document, and a conclusion restates the conclusion from the introduction.
18
Q
What type of tone should an objective memorandum use?
A
Objective tone.
19
Q
What is the goal of an objective memorandum in the MPT?
A
To provide legal information usually to a senior or supervising attorney.
20
Q
What should be bolded or underlined in the MPT documents?
A
Issue-statement headings.
21
Q
What is the final step after completing an MPT document?
A
Finalize the document by reviewing it for quality.
22
Q
True or False: The MPT tests substantive knowledge of the law.
A
False.
23
Q
Fill in the blank: The MPT consists of a _____ and a _____
A
File, Library.
24
Q
What does IRAC stand for?
A
Issue, Rule, Analysis, Conclusion
25
What tone should be used when writing legal analyses?
Objective, neutral tone
26
What should be included in your rule statements?
Caselaw, including both parties' names, the court, and the date
27
What is the implied warranty of tenantability?
A warranty that ensures residential leases are fit for habitation and meet health and safety standards
28
Under which code is the implied warranty of tenantability codified?
Franklin Civil Code §540
29
What must a tenant do to maintain possession if the landlord breaches the warranty of tenantability?
The tenant may maintain possession and is entitled to a proportional reduction in rent
30
What defines a substantial violation of the warranty of tenantability?
Violations that materially affect the tenant's health and safety
31
What may a court order if a substantial breach has occurred?
* Repairs by the landlord
* Reduction in tenant's monthly rent
* Award possession of the premises to the tenant
32
What are the four potential remedies for a tenant facing unrepaired conditions?
* Repair and deduct the cost of repairs
* Repair and sue
* Vacate the premises
* Withhold some rent
33
Fill in the blank: A tenant is presumed to have waited a reasonable time to make repairs if they make repairs more than ______ days after giving notice.
30
34
What is the primary condition under Franklin Civil Code §541 that makes a residence untenantable?
Lack of plumbing facilities in good working order
35
What must a landlord do within a reasonable time after receiving written notice of an untenantable condition?
Repair the condition
36
True or False: A tenant is liable for damages if they allow someone to destroy part of the dwelling.
True
37
What is the significance of the case Gordon v. Centralia Properties Inc.?
It established the implied warranty of tenantability
38
What can a tenant do if they have notified the landlord of a broken toilet and it remains unrepaired?
They can repair it themselves and deduct the cost from their rent if the cost is less than one month's rent
39
What is the estimated cost for repairing Ms. Whirley's toilet?
$200
40
Under what condition can a tenant withhold rent?
If the landlord does not make repairs and the conditions substantially threaten the tenant's health and safety
41
What indicates that Ms. Whirley's glass door may be broken?
It will not open and there is a half-inch gap between the door and the frame
42
What must a tenant do to mitigate damages regarding untenantable conditions?
Promptly notify the landlord
43
What is the consequence if a tenant does not keep the premises clean according to Franklin Code §543?
The landlord has no duty to repair an untenantable condition
44
What happens if a tenant vacates the premises due to untenantable conditions?
They may be discharged from the duty to pay rent
45
What does Franklin Civil Code §543 state regarding tenant liability?
A tenant will be liable for damage if they permit someone to destroy part of the dwelling
46
What is a key factor in determining whether a tenant can repair and deduct costs?
The cost of repairs must be less than one month's rent
47
What is the legal implication of a tenant's notice to a landlord about a plumbing issue?
It gives the landlord an opportunity to resolve the problem
48
In the context of tenant rights, what is the purpose of the implied warranty of tenantability?
To ensure that residential properties are habitable and safe for tenants
49
What does Mr. Spears violate due to lack of waterproofing?
The implied warranty
## Footnote
This is a substantial violation affecting health and safety due to mold and dampness.
50
What health issue is Ms. Whirley facing due to the condition of her rental?
Mold in the room and damp carpet
## Footnote
These issues directly impact her health and safety.
51
When did Ms. Whirley notify Mr. Spears of the problem?
May 26, 2016
## Footnote
This notification is crucial for her legal options.
52
How long did Ms. Whirley wait for repairs before considering her options?
More than 30 days
## Footnote
This timeframe is deemed reasonable for waiting for repairs.
53
What is one option Ms. Whirley has regarding the repair costs?
Repair the door herself and sue Mr. Spears for $1,800
## Footnote
This option is viable since she wants to stay in the home.
54
What reduction in rent may Ms. Whirley apply for due to unusable conditions?
$1,000
## Footnote
This reflects the average cost of a two-bedroom home in the area.
55
What is NOT an available option for Ms. Whirley regarding repairs?
Repair and deduct
## Footnote
This option is unavailable as the repair cost exceeds one month of rent.
56
Under what condition can Ms. Whirley withhold rent?
If unrepaired conditions substantially threaten her health and safety
## Footnote
This is under Franklin Code §542.
57
What specific plumbing issue is mentioned as making the premises untenantable?
Toilet defect
## Footnote
This condition is substantial and affects health and safety.
58
Which case determined that lack of waterproofing is a substantial breach?
Burk v. Harris
## Footnote
This case reinforces the implied warranty of habitability.
59
What can Ms. Whirley withhold under Burk regarding her rent?
The difference between fair rental value as warranted and as it actually was
## Footnote
This allows her to adjust her rental obligation.
60
What does Ms. Whirley likely not have remedies for?
Broken sprinkler and damage to walls/baseboards
## Footnote
These conditions are not considered substantial breaches under Franklin law.
61
What would happen if Mr. Spears initiated an eviction proceeding?
Judgment would be entered for him
## Footnote
There is no substantial breach affecting Ms. Whirley's health and safety.
62
What must Ms. Whirley do to hold Mr. Spears liable under the Lease Agreement?
Notify him in writing of the needed repair
## Footnote
This is in accordance with Section 14 of the lease.
63
Who is responsible for maintaining the yard according to the lease?
Ms. Whirley
## Footnote
This is at the tenant's expense, impacting liability for the sprinkler system.
64
What obligation did Ms. Whirley have regarding damage caused by animals?
Not to permit damage by unauthorized animals
## Footnote
This impacts Mr. Spears' duty to repair.
65
What does the Pet Addendum state regarding authorized pets?
Holds the tenant liable only for damage caused by unauthorized animals
## Footnote
Bentley is authorized, affecting Mr. Spears' liability.
66
What may Ms. Whirley have to use for repairs to the property?
$1,200 security deposit
## Footnote
This could be affected by the necessary repairs.
67
What is the goal of a persuasive brief in legal writing?
To convince the judge to decide in the writer’s favor
## Footnote
This is a key task in legal practice.
68
What structure should a persuasive brief follow?
IRAC: Issue, Rule, Analysis, Conclusion
## Footnote
This structure helps organize legal arguments effectively.
69
What should persuasive headings in a brief include?
Facts, law, and requested relief
## Footnote
This enhances clarity and persuasion.
70
What should be addressed regarding unfavorable law in a persuasive brief?
Explain how it does not apply to the client's situation
## Footnote
Ignoring unfavorable law could weaken the argument.
71
What is a key tip for preparing for the MPT?
Spend 20% of study time preparing for the MPT
## Footnote
The MPT is worth 20% of the UBE score.
72
What was the date Hale proposed to Reed?
June 25, 2017
## Footnote
Only 5 days after the crime.
73
How did Hale and Reed's relationship differ from the couple in Preston?
Hale and Reed had a rocky relationship, while the couple in Preston was stable and had wedding plans set.
74
What did Reed testify about Hale's intentions regarding marriage?
Hale wanted to get married quickly, before the trial started.
75
Why did Hale marry Reed according to the testimony?
To prevent her from testifying against him.
76
What was the defense's policy argument regarding spousal privilege?
It is not inconsistent to uphold a marriage through spousal privilege while allowing a spouse's statements under rule 804.
77
What is the significance of marriages entered into for improper purposes?
They may not be fully protected under spousal privilege.
78
What did the Preston court rule regarding the wife's statements?
Improperly admitting the wife's statements under 804(b)(6) was prejudicial under Rule 33.
79
What is the test for materiality under Haddon?
Whether there is a reasonable probability that the trial result would be different if the evidence was presented.
80
How is materiality determined according to Haddon?
On a collective basis, not on a case-by-case manner.
81
What type of evidence was suppressed in Haddon that was material?
Exculpatory forensic evidence, specifically fingerprint testing.
82
What did Detective Lee's testimony indicate about forensic evidence in Hale's case?
There was no forensic evidence on Hale.
83
Why was Reed's statement considered of little value?
It was given in a nervous manner and lacked clarity on her motivations.
84
What was the implication of Reed's statement being made under duress?
It raised the possibility of witness tampering.
85
What is the Franklin Rule of Criminal Procedure regarding new trials?
The court may vacate any judgment and grant a new trial if there was a violation of a constitutional provision or statute that harmed the defendant.
86
What was the outcome regarding the prosecution's obligation to turn over EMT Womack's statement?
The prosecution did not need to turn it over as it was not in their possession.
87
Under what conditions is evidence considered favorable to the defendant?
If it can be used to impeach a prosecution witness.
88
What was a key difference between Reed's statement and the evidence in Haddon?
Reed's statement was not a clear contradiction of her earlier statements.
89
What did Detective Jones observe about Reed during her interview?
Reed appeared nervous and evasive.
90
What does the case law from Capp state regarding evidence possession?
Evidence is in the possession of the prosecution even if unknown to the prosecutor, as long as the investigating agency has it.
91
Was there a Brady violation in the context of Reed's statement?
No, because the statement was not favorable to Hale and was not material.
92
What is prohibited under Brady v. Maryland?
The prosecution is prohibited from suppressing any exculpatory evidence.
## Footnote
Exculpatory evidence is evidence that may be favorable to the defendant in a criminal trial.
93
List the three elements of a Brady violation.
* The evidence must be favorable to the defendant
* The government must have suppressed the evidence
* The evidence must be material
## Footnote
These elements are crucial for establishing a violation of the defendant's rights under the Brady ruling.
94
In Capp, what must evidence have for the government to have 'suppressed' it?
The evidence must have been in the possession of the government.
## Footnote
This means that the police or another government entity involved in the investigation or prosecution must have that evidence.
95
According to the Capp court, what does it mean for the government to have 'possession' of evidence?
The government entity with possession must have a part in the prosecution of the case.
96
Why were the defendant's wife's medical records not considered in the government's possession in Capp?
The records were held by the hospital, which does not investigate crime, thus the government could not be found to have suppressed them under Brady.
97
What did the Capp court state about the prosecutor's obligation regarding Brady material?
A prosecutor has no obligation to furnish Brady material if that material is fully available to the defense through due diligence.
98
What was the significance of Womack's statement in the context of Brady violations?
Defense counsel's failure to speak with Womack shows a lack of due diligence; thus, there was no Brady violation.
99
Fill in the blank: The defendant is not entitled to a new trial under Franklin Rule of Criminal Procedure _______.
33.C.
100
Under which rule were Reed's out-of-court statements deemed admissible?
Under Franklin Rule of Evidence 804(b)(6).
101
What was the ruling in State v. Preston regarding spousal privilege?
The court held it was improper to admit the defendant's wife's statements under 804(b)(6) because he did not wrongfully cause her unavailability by marrying her.
102
What is the definition of 'unauthorized use' under the Federal Truth in Lending Act?
'Unauthorized use' is the use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit.
103
What is the maximum amount a cardholder is responsible for in unauthorized use under the Federal Truth in Lending Act?
$50.
104
What is the purpose of an opinion letter?
To advise the client or provide an opinion on a legal issue.
105
What format should be used for an opinion letter?
The format includes an Introduction, Body Paragraphs with objective headings, Conclusion, and Closing.
106
What tone should be used in an opinion letter?
Objective.
107
What language should be used to explain relevant legal concepts in an opinion letter?
Layperson language.
108
What is a key strategy for impressing graders in an MPT?
Using analogous and distinguishing caselaw in your analysis.
109
What is the definition of 'unauthorized use' according to the Act?
'Unauthorized use' is defined as the use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit.
110
What is the maximum amount a cardholder is responsible for in unauthorized charges?
$50
111
True or False: A cardholder is responsible for all charges made by someone they gave permission to use the card, regardless of the amount.
False
112
What does 'implied authority' mean in the context of credit card use?
'Implied authority' means that the person you gave permission to make charges is allowed to make charges that are reasonably within the bounds of your actual grant of authority or are necessary to do what you asked them to do with the card.
113
If someone uses a credit card with actual permission, what is the cardholder's responsibility for the charges?
The cardholder is responsible for the entire charge under the Truth in Lending Act.
114
In the provided scenario, why would a cardholder be responsible for additional repair charges beyond the initial estimate?
The additional costs are within the implied authority of the person using the card, as they are reasonable given the initial grant of permission.
115
What is 'apparent authority' in relation to credit card purchases?
Apparent authority allows an individual to make purchases on a credit card provided by the credit card holder without the holder's actual permission, resulting in the cardholder still being responsible for the charges.
116
What must a credit card holder do with their statements to maintain protections under the Truth in Lending statutes?
Review credit card charges on their accounts and notify a bank promptly of any errors.
117
What might happen if a cardholder is careless in reviewing their statement?
They may be unable to use the Truth in Lending statutes protection.
118
True or False: A hardware store can claim apparent authority for a charge if they accepted a credit card without verifying permission from the cardholder.
False
119
What should a cardholder do if they want to avoid responsibility for unauthorized charges?
They should review their statements promptly and dispute any unauthorized charges.
120
What is the recommended action for a cardholder concerning a charge made after the permission letter and credit card were returned?
It might be best to see if the items can still be returned to the hardware store for a full refund.
121
In a legal context, what is the purpose of a demand letter?
To encourage the opposing party to take action that will benefit the writer's client.
122
What format should persuasive headings in a demand letter follow?
Headings should be written persuasively, using bold or underlined text.
123
Fill in the blank: The analysis method recommended for structuring a demand letter is known as _______.
IRAC
124
What is the primary goal of the demand letter on the MPT?
To encourage the opposing party to take action that will benefit the writer’s client.
125
What should be included in a citation for legal documents?
Both parties’ names, the court, and the date of the first citation
## Footnote
After the first citation, a short cite may be used.
126
What language should be used when addressing a recipient in legal writing?
Language appropriate to the recipient, avoiding legal jargon
## Footnote
This ensures clarity and understanding.
127
What is the definition of a 'serious health condition' under the FMLA?
A condition involving 'continuing treatment by a health care provider'
## Footnote
This is defined in §2611 of the FMLA.
128
What chronic condition does Ms. Baston have?
Congestive heart failure, which is terminal
## Footnote
She requires daily treatment and assistance.
129
What types of treatment does Ms. Baston receive?
Daily assistance, medication, therapy, and oxygen
## Footnote
She is also checked weekly by her doctor.
130
What does the Code of Federal Regulations say about 'continuing treatment'?
It includes chronic conditions requiring periodic visits and causing incapacity
## Footnote
Treatment may involve prescription medications and therapy.
131
True or False: The FMLA applies to attending a funeral.
False
## Footnote
It does not apply when the funeral is for the person being cared for.
132
What distinguishes Ms. Duram's situation from the case Shaw v. BG Enterprises?
Ms. Duram provided actual care, not just attended a funeral
## Footnote
She performed tasks such as administering oxygen and medications.
133
What does the FMLA require regarding notice for leave?
Notice 'as soon as practicable' for changes in circumstances
## Footnote
30 days notice is required for foreseeable leave.
134
What must an employee provide if 30 days notice is not practicable?
Notice 'as soon as practicable'
## Footnote
This is according to CFR §825.302 and §825.303.
135
What is the relationship between Ms. Duram and Ms. Baston?
Ms. Duram is the granddaughter of Ms. Baston
## Footnote
Ms. Baston required care due to her serious medical condition.
136
Fill in the blank: The FMLA defines 'parent' to include an individual who stood in ______ to an employee.
[loco parentis]
137
What factors may a court consider to determine 'in loco parentis' status?
* Child's age
* Degree of dependence
* Amount of support provided
## Footnote
This is based on the Carson v. Houser Manufacturing, Inc. case.
138
What type of support did Ms. Baston provide to Ms. Duram?
* Place to live
* Schooling
* Food
* Clothing
* Gifts
* Medical care
* Monetary support
## Footnote
Support was provided from age six until college graduation.
139
What is the conclusion of the legal argument presented on behalf of Ms. Duram?
Request to reverse the decision to deny Ms. Duram FMLA leave
## Footnote
This includes taking her off probation and retracting termination threats.
140
What is the significance of Ms. Baston being in loco parentis?
It indicates that she has a legal responsibility for Ms. Duram due to her young age, dependence, and the support provided.
141
How does Ms. Duram's situation differ from the grandson in Carson?
Ms. Duram was younger, more dependent, and received extensive support, while the grandson was older, less dependent, and received minimal support.
142
Which case is similar to Ms. Duram's situation?
Phillips v. Franklin City Park District
143
In Phillips v. Franklin City Park District, what standard did the grandmother meet?
She met the in loco parentis standard by providing care, enrolling her grandson in school, and offering medical and financial support.
144
What is a wildcard task in the context of MPT?
A wildcard task is any MPT task that is not one of the four most commonly tested tasks.
145
Give examples of previous wildcard tasks.
* Persuasive memorandum
* Bench memorandum
* Closing argument
* Redraft of contract provisions
* Leave-behind legislation
* Complaint
* Cover letter
* Articles of association
146
True or False: Wildcard tasks follow a strict format.
False
147
What should you rely on for instructions when completing a wildcard task?
The Task Memo and guidelines memorandum
148
What is the purpose of the royalty in Franklin Assembly Bill 38?
To provide visual artists with a modest royalty for certain resales of their works.
149
What percentage royalty does FA 38 mandate for sales of visual art?
Five percent
150
What are the conditions under which no royalty is paid according to FA 38?
* Initial sale by the artist
* Resale netting a profit of less than $1000
* Resale by an art dealer to another art dealer within 10 years of the initial sale
151
What happens if the royalty is not paid under FA 38?
It results in a claim for damages.
152
What does preemption mean in the context of the 1976 Copyright Act?
Federal law preempts state law when it completely occupies the field on the subject matter at issue.
153
According to the 1976 Copyright Act, what rights does a copyright owner have?
* Exclusive rights to distribute copies of the copyrighted work
* Control over subsequent sales after the initial sale
154
What must be met for preemption to apply?
* The work must come within the subject matter of copyright
* The rights involved must be within the exclusive rights granted to a copyright owner
155
What is the main argument for supporting FA 38?
It provides a fair return to artists who contribute significantly to the culture of Franklin.
156
Fill in the blank: A wildcard task may be ______ or persuasive in nature.
[objective]
157
What should you do if unsure about completing a wildcard task?
Follow the instructions in the Task Memo and guidelines memorandum.
158
What is the primary issue that visual artists face regarding their income?
The vast majority of visual artists earn a very low income from the sale of their work.
## Footnote
Heirs of artists receive at most a few thousand dollars annually from the sales of deceased artists' work.
159
What is the total sale of arts in the state of Franklin described as?
A million-dollar business.
## Footnote
In Columbia, art sales totaled $62 million dollars in 2004.
160
What does the proposed legislation aim to ensure for visual artists?
Artists should be compensated for the resale of their work.
161
Under current law, when do artists receive remuneration for their work?
Artists only receive remuneration on the initial sale of the work by the artist.
162
True or False: Most paintings and sculptures are reproduced and resold.
False. Most paintings and sculptures are never reproduced.
163
What economic reality does the lack of resale royalties create for artists?
A harsh economic reality for artists.
164
What will the resale royalties provided for in the bill allow artists to do?
Defray some of the costs of materials.
165
Who does the current bill support in regard to resale royalties?
It supports not only established artists but any artist whose work nets a profit of $1000.
166
How long are royalties to heirs limited after an artist's death?
Royalties to heirs are limited in time to 70 years following the artist's death.
167
What is the expected impact of the law on the Franklin market in visual arts?
The law will not dry up the Franklin market in visual arts.
168
What percentage is suggested for certain sales under the new law?
A modest sale of 5%.
169
What was the outcome of the art market in Columbia after the royalty was enacted?
The art market in Columbia ultimately rebounded.
170
What does the law allow gallery owners to do for new artists?
Develop a market for new artists by exempting both initial sales and sales from art dealers within ten years of the initial sale.
171
What does the law not discourage in relation to art?
Investment in art or restrict free trade or private property rights.
172
In Samuelston v. Rogers, what was held regarding the Columbia Act?
The Columbia Act was not preempted by the 1909 Copyright Act.
173
What did the 1909 Copyright Act grant to copyright owners?
The exclusive right to vend the copyrighted work.
174
Fill in the blank: The Columbia Act required _______.
resale royalties.
175
True or False: The resale of art creates a legal restraint on the transfer of work.
False.
176
What does FA 38 provide in relation to federal law?
FA 38 provides an additional state right that is not preempted by federal law.
