MPT Flashcards
What are the two components of the Multistate Performance Test (MPT)?
The File and the Library
The File contains the facts of the case, while the Library contains the law found in the case.
What does the File contain in the MPT?
The File contains all information related to the facts of the case, including a Task Memo and factual documents.
How long does an examinee have to complete each task in the MPT?
90 minutes.
What percentage of the total score on the UBE does the MPT make up?
20%.
What types of legal tasks may be assigned in the MPT?
- 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.
What are the four most commonly tested tasks on the MPT?
- Objective memorandum
- Persuasive brief
- Opinion letter
- Demand letter.
What is a wildcard task in the MPT?
A wildcard task may include a bench memorandum, a persuasive memorandum, a closing argument, an arbitration clause, or a complaint.
What does the Library contain for the MPT?
The Library contains the law for the MPT, which is specifically created for the test.
Are examinees expected to know any law to complete the MPT assignment?
No.
What types of legal materials might be included in the Library?
- Cases
- Statutes
- Codes
- Ordinances
- Regulations.
What is the purpose of the Task Memo in the File?
The Task Memo explains the specific assignment and provides details about the document to be created.
What types of factual documents might the File contain?
- Transcripts of interviews
- Depositions
- Pleadings
- Contracts
- Medical records
- Police records.
What should examinees do with irrelevant or inconsistent facts in the File?
Identify facts that are usable for completing the MPT assignment and ignore those that are not.
What is the first step in approaching an MPT?
Scan the Task Memo for the task to be completed and the legal issues to be analyzed.
What should examinees memorize for the MPT tasks?
The caption types for the four most commonly tested MPT tasks.
What is the importance of identifying the issues in the MPT?
Identifying the issues is critical to completing the MPT task accurately and in a timely manner.
What is the IRAC method used for in the MPT?
IRAC stands for Issue, Rule, Analysis, Conclusion, and is used to structure the legal analysis.
What should be included in the introduction and conclusion of an MPT document?
An introduction explains the purpose of the document, and a conclusion restates the conclusion from the introduction.
What type of tone should an objective memorandum use?
Objective tone.
What is the goal of an objective memorandum in the MPT?
To provide legal information usually to a senior or supervising attorney.
What should be bolded or underlined in the MPT documents?
Issue-statement headings.
What is the final step after completing an MPT document?
Finalize the document by reviewing it for quality.
True or False: The MPT tests substantive knowledge of the law.
False.
Fill in the blank: The MPT consists of a _____ and a _____
File, Library.
What does IRAC stand for?
Issue, Rule, Analysis, Conclusion
What tone should be used when writing legal analyses?
Objective, neutral tone
What should be included in your rule statements?
Caselaw, including both parties’ names, the court, and the date
What is the implied warranty of tenantability?
A warranty that ensures residential leases are fit for habitation and meet health and safety standards
Under which code is the implied warranty of tenantability codified?
Franklin Civil Code §540
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
What defines a substantial violation of the warranty of tenantability?
Violations that materially affect the tenant’s health and safety
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
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
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
What is the primary condition under Franklin Civil Code §541 that makes a residence untenantable?
Lack of plumbing facilities in good working order
What must a landlord do within a reasonable time after receiving written notice of an untenantable condition?
Repair the condition
True or False: A tenant is liable for damages if they allow someone to destroy part of the dwelling.
True
What is the significance of the case Gordon v. Centralia Properties Inc.?
It established the implied warranty of tenantability
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
What is the estimated cost for repairing Ms. Whirley’s toilet?
$200
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
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
What must a tenant do to mitigate damages regarding untenantable conditions?
Promptly notify the landlord
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
What happens if a tenant vacates the premises due to untenantable conditions?
They may be discharged from the duty to pay rent
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
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
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
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
What does Mr. Spears violate due to lack of waterproofing?
The implied warranty
This is a substantial violation affecting health and safety due to mold and dampness.
What health issue is Ms. Whirley facing due to the condition of her rental?
Mold in the room and damp carpet
These issues directly impact her health and safety.
When did Ms. Whirley notify Mr. Spears of the problem?
May 26, 2016
This notification is crucial for her legal options.
How long did Ms. Whirley wait for repairs before considering her options?
More than 30 days
This timeframe is deemed reasonable for waiting for repairs.
What is one option Ms. Whirley has regarding the repair costs?
Repair the door herself and sue Mr. Spears for $1,800
This option is viable since she wants to stay in the home.
What reduction in rent may Ms. Whirley apply for due to unusable conditions?
$1,000
This reflects the average cost of a two-bedroom home in the area.
What is NOT an available option for Ms. Whirley regarding repairs?
Repair and deduct
This option is unavailable as the repair cost exceeds one month of rent.
Under what condition can Ms. Whirley withhold rent?
If unrepaired conditions substantially threaten her health and safety
This is under Franklin Code §542.
What specific plumbing issue is mentioned as making the premises untenantable?
Toilet defect
This condition is substantial and affects health and safety.
Which case determined that lack of waterproofing is a substantial breach?
Burk v. Harris
This case reinforces the implied warranty of habitability.
What can Ms. Whirley withhold under Burk regarding her rent?
The difference between fair rental value as warranted and as it actually was
This allows her to adjust her rental obligation.
What does Ms. Whirley likely not have remedies for?
Broken sprinkler and damage to walls/baseboards
These conditions are not considered substantial breaches under Franklin law.
What would happen if Mr. Spears initiated an eviction proceeding?
Judgment would be entered for him
There is no substantial breach affecting Ms. Whirley’s health and safety.
What must Ms. Whirley do to hold Mr. Spears liable under the Lease Agreement?
Notify him in writing of the needed repair
This is in accordance with Section 14 of the lease.
Who is responsible for maintaining the yard according to the lease?
Ms. Whirley
This is at the tenant’s expense, impacting liability for the sprinkler system.
What obligation did Ms. Whirley have regarding damage caused by animals?
Not to permit damage by unauthorized animals
This impacts Mr. Spears’ duty to repair.
What does the Pet Addendum state regarding authorized pets?
Holds the tenant liable only for damage caused by unauthorized animals
Bentley is authorized, affecting Mr. Spears’ liability.
What may Ms. Whirley have to use for repairs to the property?
$1,200 security deposit
This could be affected by the necessary repairs.
What is the goal of a persuasive brief in legal writing?
To convince the judge to decide in the writer’s favor
This is a key task in legal practice.
What structure should a persuasive brief follow?
IRAC: Issue, Rule, Analysis, Conclusion
This structure helps organize legal arguments effectively.
What should persuasive headings in a brief include?
Facts, law, and requested relief
This enhances clarity and persuasion.