MPT General Strategies

Question 1

What are the types of writing assignments that show up on the MPT?

Answer 1

1- Persuasive Brief
2- Objective Memo
3- Letter to Opposing Counsel or Client
4- Opinion Letter
5- Closing Argument 
6- Interrogatories 
7- Will
8- Cause of Action - Complaint filed in court
9- Contract

Question 2

Legal Memorandum structure on the MPT normally has:

Answer 2

Three main parts.
1- Introduction
2- Discussion
3- Conclusion

Question 3

Legal Brief structure on the MPT normally has:

Answer 3

Three main parts.
1- Issues or Summary
2- Argument
3- Conclusion

Question 4

At least on the MPT, the Discussion part of a memo or the Argument part of a brief usually has:

Answer 4

Three parts of its own as well.

Question 5

MPT Exam structure should include:

Answer 5

The grader must be able to see the divisions of your work product just by glancing at the pages. You should use the following:
1- Section Headings,
2- Spaces Between Sections, numbers and letters to indicate the parts of your work product.

Question 6

Office Memorandum “INTRODUCTION” Section should be set up and include the following

Answer 6

1- Introduction Heading, which is centered in the middle of the page.
2- Write two or three sentences, setting out the partner’s task assignment, and
3- Briefly stating what you have accomplished and your conclusions

Question 7

Office Memorandum “DISCUSSION” Section should be set up and include the following

Answer 7

1- Discussion Heading, which is centered in the middle of the page.
2-Divide the “discussion” section into two or three sections, following the directions in the task memo.
3- Each “section of the discussion section” will have a powerful “topic heading that uses both law and facts.

The topic heading in the discussion sentence is a mini-IRAC / law to fact sentence, e.g., “because defendant claimed that his product that was actually made of colored water would cure acne

Question 8

Office Memorandum “CONCLUSION” Section should be set up and include the following

Answer 8

1- Conclusion Heading, which is centered in the middle of the page.
2- The Conclusion part of the memorandum summarizes what the task was and what the writer has accomplished. It presents the writer’s conclusion

Question 9

Office Memorandum Structure starting at the top of the page, needs to include the following:

Answer 9

1- Law office Name, and address
2- The word "MEMORANDUM" centered 
3- To: 
4- From:
5- Subject Matter: 
6- Date: 
7- First heading centered "Introduction"
8- Second heading centered "Discussion"
9- Third heading centered "Conclusion"

Question 10

An Objective Office Memorandum

Answer 10

Considers both sides of the issue/question.

Thus, an objective memorandum will normally consider both sides of the question and take an on-the-one-hand / on-the-other-hand approach.

Question 11

On the MPT, every time the Partner memo asks the bar candidate for a memorandum for the partner:

Answer 11

The request is for an “office memorandum”. The MPT Partner Memo will indicate whether the MPT memorandum should be objective or persuasive.

Question 12

What is the language in the Partner Memorandum that indicates the bar candidate has to write an “Objective Office Memorandum?”

Answer 12

1- Every time the partner asks for information, or for considerations on both sides of the question,

2- The Partner memorandum will usually tell the bar candidate to “evaluate” or to “discuss” or to “analyze” the client’s case.

Example: Write an objective memorandum analyzing whether or not the law applies to our client’s case

Question 13

What is the language in the Partner Memorandum that indicates the bar candidate has to write an “Persuasive Office Memorandum?”

Answer 13

The partner will ask for “arguments on one side” of the issue

Question 14

To make sure the grader understands that the bar candidate grasped what kind of Office Memorandum” they have to write the Introduction should include the following language:

Answer 14

1- The first sentence of the introduction states the following word for word: “You have asked me to write an objective memorandum” or “You have asked me to write a persuasive memorandum.”

Question 15

What is the language in the Partner Memorandum that indicates the bar candidate has to write an “Persuasive Office Memorandum?”

Answer 15

Where the Partner Memo tells the bar candidate to “present arguments,” rather than just information, the partner is asking you to write a persuasive office memorandum.

Example: the MPT Partner Memo may tell you to write a memorandum for the partner that presents the best arguments in favor of the client’s case.

Question 16

What is required of the bar candidate when it has been determined that MPT Partner Memorandum’s request is persuasive memo?

Answer 16

The candidate must “argue ONLY one side of the case.”

Question 17

Every MPT Office Memorandum Must Display?

Answer 17

Its own structure visually, and must always look professional

Question 18

On the Bar Exam, the MPT’s task is to show that

Answer 18

The Bar candidate can follow instructions in the task memo, but also demonstrate the skills of a first-year lawyer while making the fact of following those instructions so visually obvious that the grader knows just by flipping the pages that the bar candidate has followed instructions.

Question 19

On the MPT, if the partner tells the bar candidate to write a memorandum with three sections,

Answer 19

1- That means the “Discussion” part of the MPT work product will have three sections that are both intellectually and visually entirely separate from each other.

2- The three separate sections will be clearly distinct on the page. Each section will have its own persuasive heading, which is underlined, and each section will have a number at the start: Section 1, Section 2, Section 3.

Question 20

In order to display the structure of the MPT work product, the careful bar candidate will always

Answer 20

Number and Letter the parts of the work product, leaving abundant white space in between sections

Question 21

In the Introduction to the memorandum, on the MPT, the first and second sentence of a law office memo

Answer 21

Summarizes the problem to be solved and briefly suggests how the writer / bar candidate has resolved it.

Ex. “You have asked me to evaluate whether our client” has a cause of action in negligence. “I have “concluded that” he probably does/does not, “but further research is necessary.”

Question 22

In the Discussion section of the memo, the structure of paragraphs are

Answer 22

Aspects of the problem one after another, in turn, in separate paragraphs

Question 23

In the Conclusion section of the MPT Partner memo, the first and second sentences

Answer 23

1- States the problem, and based on the factors considered in the Discussion, states how the writer comes out.

Example: “Having evaluated all of the facts in the file and the applicable law, I have concluded that our client may have a cause of action in negligence, and I have suggested further avenues for research

Question 24

The MPT Office Memo begins and ends with

Answer 24

A “summary paragraph,” which are pretty much the same in the Introduction at the beginning and the Conclusion at the end.

Question 25

The Discussion Section of the memorandum sets out …

Answer 25

The arguments from law and fact that lead the writer to the Conclusion. So the entire memorandum has three parts.

Question 26

The MPT packet will normally contain one or more documents that help … ?

Answer 26

The bar candidate to organize the work product or that provide models to follow

Question 27

In deciding how to organize the Discussion section, the bar candidate will usually choose from among the following methods of organization:

Answer 27

1- Order according to the conventions of the legal analysis, e.g., statutory analysis
2- If the Partner Memorandum stipulates an order, use the order stipulated
3- If an Office Memorandum in the File stipulates and order, use that order
4- If another document in the File requiring a response provides an order, you have the option of following that order.
5- Use the order in the applicable statute or case law
6- Use logical order: threshold issues first; dispositive issues before other issues; more important issues before less important issues; alternative analyses last.

Question 28

If the MPT Partner Memorandum Discussion section is a task that requires “statutory analysis,” then the memorandum will follow what structure or order?

Answer 28

The “order according to the conventions of the legal analysis, e.g., statutory analysis. The discussion will be broken down to three parts. First paragraph, the writer will take each part of the statute in turn, employ interpretations suggested by applicable cases. The second paragraph will use external materials where necessary and permitted. The third and final paragraph will apply the statute to the facts of the case.

Example of the “statutory analysis” instruction from the Partner memo – “Please draft an objective memorandum for me analyzing whether we can use the “Act / Statute/ Code or Proposed Code” to move to quash the subpoena

C”RE”AC use only the “RE” in one sentence formats in the Statutory Analysis Discussion section

Question 29

If the Partner Memo stipulates an order on how the questions are presented, or in what order to respond

Answer 29

Then use the order stipulated in answer the questions in the same order that the Partner Memo requested. (e.g., instruct the bar candidate to discuss two questions, one of which involves two sub-questions.

The bar candidate must follow the structure the task memo dictates. Example, first analyze the legal and factual bases of the claims. Second, for each of the four defenses, identify … etc.

Question 30

If an Office Memorandum in the File stipulates an order

Answer 30

use that order. The Partner Memo may tell the bar candidate to organize the memorandum in accordance with the instructions in an Officer Memorandum in the File. That second document will tell the bar candidate how to organize the work product.

Question 31

If another document in the File requiring response provides and order

Answer 31

you have the option of using that order

Question 32

If the MPT applies applicable statute or case law provide a list of options

Answer 32

it usually makes sense to evaluate the options in the order given. The instructions in the Partner Memo may, for example, tell the bar candidate to evaluate the client’s options in light of a customer’s allegations. For example, under UCC 2-610(a), (b), (c), the bar candidate would normally evaluate the client’s options in the order of the subsections of 2-610

Question 33

Using logical order means that

Answer 33

the bar candidate use threshold or dispositive issues first; or most important issues first, suggesting a conclusion for each question.

Question 34

Sample Instructions for Objective Office Memorandum

Answer 34

1- Please draft an objective memorandum for me analyzing whether we can …. Be sure to address both sides of the issue; that is, discuss any facts or law that may prevent …

2- To help me advise [our client], please review his proposed waiver and prepare a memorandum:

a. analyzing whether ....
b. suggesting specific revisions to .... 
c. discuss whether any .....

3. Please prepare a memorandum evaluating the merits of [ Y’s ] argument for [ X ], bringing to bear the applicable legal authorities and the relevant facts as described by the client
4. Please prepare a memorandum in which you evaluate the …. Identify the legal issues that can give rise to constitutional challenges to each of the provisions and analyze whether each such provision is likely to be found legally permissible.

Question 35

Instructions for a Persuasive Office Memorandum on the MPT

Answer 35

1- Please prepare a memorandum for me that: States the “best case for why,” in light of the absence of [ X ]; and Discuss whether each provision of [ Y ] of the can survive or fail [ Z ]

Question 36

Most MPT questions are either

Answer 36

Persuasive or Objective, but not both

Question 37

The Most Common MPT Memorandum Format Top Heading

Answer 37

Law Firm Name
Attorneys at Law
Address
Address

MEMORANDUM (at the top of the memo put in all capital letters, centered, printed and underlined middle of page underlined)

Question 38

The Most Common MPT Memorandum Format after the Top Heading

Answer 38

Flush with the lefthand margin list the following:

TO:

FROM:

RE:

DATE:

INTRODUCTION ( put in all capital letters, centered, printed and underlined middle of page underlined)

Question 39

The Most Common MPT Memorandum Format for the structure of paragraphs

Answer 39

INTRODUCTION

DISCUSSION

CONCLUSION (put in all capital letters, centered, printed and underlined middle of page underlined)

Question 40

The MPT allows bar candidates an extremely short time for researching and writing a memorandum, only ninety minutes. According, the MPT uses an abbreviated format, therefore, the MPT does not usually ask the bar candidate to included, in other words, the MPT allows the candidate to leave out:

Answer 40

1- A statement of facts,
2- To frame issues,
3- or to write brief answers.

Therefore, the memo only needs to include an INTRODUCTION, DISCUSSION, and CONCLUSION

Question 41

In one MPT case, the partner memo asks for a “two-part” memorandum, which means that

Answer 41

The DISCUSSION section will have two parts, the partner memo specifies what those two parts are.

However, a three part memorandum is more common

Question 42

Some MPT point sheets indicate that the grading of a memo on the MPT stresses persuasive writing and correct format:

Answer 42

a. powerful topic headings, underline your topic headings
b. persuasive writing,
c. argument from supportive law,
d. distinction of–or attack against–unfavorable law,
e. skillful use of the facts, and
f. careful use of the memo format

Question 43

Powerful topic headings are key, and requires you to divid your discussion into:

Answer 43

Legal questions and to give the applicable law before applying the law to the facts

Question 44

Using the “Perform Your Best” techniques in drafting an MPT memo, the First step is to:

Answer 44

Leave the first page or the first two pages of your bluebook blank. Starting on the second page, you will write the Discussion first.

Question 45

Using the “Perform Your Best” techniques in drafting an MPT memo, the Second step is to:

Answer 45

is the Conclusion, forcefully summarizing your arguments in one or two sentences.

Question 46

Using the “Perform Your Best” techniques in drafting an MPT memo, the Final step is to:

Answer 46

Finally, you will go back to the first page of your blue book and add the opening part of your Memorandum format, including the Introduction. Thus the last thing you will write in the Introduction for the MPT memo.

The reasoning for this process is that when you start to write the memo, you do not fully understand the project well enough to write a good introduction

Question 47

The CONCLUSION on the MPT is limited too

Answer 47

One, maybe two sentences at most

Question 48

This format summary reflects one of the MPT’s most common formats for Briefs and Memoranda for the Court:

This MPT format contains the basic components, but it has fewer parts than the formats set out in the rules of the courts where you will practice

Answer 48

Top: Name of the Court
Second line: Name of the Case (include both parties)

ABC [Plaintiff’s Name] )
Plaintiff )
) Case Number
v. ) Memorandum in
) Support of [ X ]
DEF [Defendant’s Name] )
Defendant )
)
______________________ )

                    STATEMENT OF FACTS 

                            ARGUMENT 

                            CONCLUSION

Question 49

The format for briefs or persuasive memoranda on the MPT will be simpler, and the simplest MPT brief has these parts:

Answer 49

1- Statement of Facts, with or without statement of jurisdictional basis

2- Argument with persuasive headings

3- Conclusion

Question 50

What is the alternative structure that the MPT may ask for an appellate brief:

Answer 50

1- Statement of the Case
2- Statement of Facts
3- Questions Presented 
4- Argument
5- Conclusion

Question 51

On the MPT the terms “brief” and “memorandum in support of a motion” and “memorandum of points and authorities”

Answer 51

Are largely interchangeable.

Question 52

Either a Brief or a Persuasive Memorandum for the Court argues

Answer 52

ONLY one side of the case, and there is a fundamental difference for briefs and memoranda prepared for the court, rather than a partner. These documents always argue only one side of the case, they use a brief format

Question 53

Every Work Product Must Present Its Structure both:

Answer 53

Visually and Clearly. Every work product is both visual and verbal. Because when the writing is is clear, it is to make your reader know you have followed the instructions

Question 54

If the MPT Partner memo tells the candidate to write a brief with three sections;

Answer 54

You must not only think about the task as having three parts, you must also clearly number and label the sections of your memo, “1” and “2,” and “3,” leaving spaces between the sections, so that no bar exam grader could miss the fact that you have done “exactly” what the Partner Memo told you to do. The MPT is a visual exercise, not just an intellectual exercise

Question 55

Parts of the Brief: How to Write the Statement of Facts on the MPT for a Persuasive Brief or Memo for the Court by:

Answer 55

Sometimes, however, the parties have entered into a Statement of Stipulated Facts. In such cases, the Partner Memorandum will tell you that the introductory section in the brief can be very short, and that you should “direct” the court’s attention to the Statement of Stipulated Facts in the case file. On the other hand, sometimes the partner memorandum will tell you to include a full Statement of Facts.

Question 56

How to determine that the text of the Partner Memo is telling you to use a Stipulated Statement of Facts in your Brief

Answer 56

We have a statement stipulated facts in this case so, as pointed out in the brief writing guidelines, you should write only a short introductory statement ….

Question 57

How to write a Full Statement of Facts

Answer 57

Strategies and Tactics: The wise bar candidate keeps a Statement of Facts as short as possible, typically One hand written page of a bluebook is usually enough.

The temptation is to let the hand start writing the facts, and then lose control of time. Instead, decide in advance how many lines long the Statement of Facts will be and stick with that decision.

Here is the trick. Before starting to write, mentally recite the facts to yourself in the shortest form possible. Make sure that your account omits needless words. Then just write down that shorten version of the facts.

Question 58

Whenever you use the facts, whether in a Statement of Facts or in your Argument, your brief should emphasize

Answer 58

ONLY favorable facts but also include vital unfavorable facts. As the MPT materials often say, the facts must be stated accurately, but emphasis is not improper.

Question 59

A Statement of Facts should NEVER contain or include

Answer 59

Either conclusions of law or arguments of law, just the facts in the case

Question 60

What is the best format for writing the Statement of Facts or facts in the argument section

Answer 60

You put a favorable fact to your client first, then you put an unfavorable fact in the middle, and then a favorable fact to conclude. In part, you place the most favorable fact first

Question 61

The paragraph of the Argument may be a summary that briefly sets out

Answer 61

The issues and tells what action the party wants the court to take. You state the legal questions, and how the court should come out

Question 62

Why are headings in the brief key?

Answer 62

Because they display the architecture of counsel’s argument.

Question 63

What should the headings in the brief contain?

Answer 63

The section headings in your brief should state the conclusion that you argue in that section, using both law and facts: “Defendant’s correspondence with Jones and the testimony of Smith show that defendant took active part in the conspiracy.”

Question 64

How does the MPT grader quickly discover what your argument is?

Answer 64

By reading the argument headings. If the MPT file provides instructions for writing the argument section of a brief, it will invariably tell you to divide the argument into two or more parts, each with a strong, persuasive, heading

Question 65

Typical MPT brief-writing instructions state that the argument heading

Answer 65

“Should succinctly summarize the reasons the tribunal should take the position you are advocating.”

The heading must, that is, contain both law and facts: “A heading should be a specific application of a rule of law to the facts of the case and not a bare legal or factual conclusion or a statement of an abstract principle.”

Question 66

Examples of “improper” headings in the argument section, and “proper” headings

Answer 66

1- THE UNDERLYING FACTS ESTABLISH PLAINTIFF’S CLAIM OF RIGHT

1- BY PLACING A CHAIN ACROSS THE DRIVEWAY AND BY REFUSING ACCESS TO OTHER, PLAINTIFF HAS ESTABLISHED A CLAIM OF RIGHT

Question 67

Strategies and Tactics: Clear argument headings

Answer 67

Clear argument headings using both law and facts are essential to getting a high grade on the MPT brief-writing task.

Question 68

What is the approach to writing clear argument headings according to Perform Your Best

Answer 68

Here is the trick. Write the paragraphs of your arguments, first, leaving abundant white space above each argument, and then when you have finished the arguments, go back and insert the argument headings.

Question 69

An MPT Office Memorandum with instructions for writing a brief usually tells the bar candidate to

Answer 69

“analyze applicable legal authority and persuasively argue how the facts and law support our client’s position.” This means stating the rule of law, with or without additional supporting rules. Next, applying the law to the facts. Finally, drawing a conclusion based on that law.

Question 70

What is one way to master writing paragraphs that make a legal argument is to practice using what system?

Answer 70

Using the “Under-Here-Therefore” system of legal writing taught in Scoring High on Bar Exam Essays.

Question 71

What is the logical format for the “Under-Here-Therefore” system

Answer 71

Under, NY Law, all men are created equal
Here, Socrates is a man
Therefore, Socrates is mortal

Question 72

The argument heading should

Answer 72

succinctly summarize the reasons the tribunal should take the position you are advocating. It should be a “specific application of a rule of law to the facts of the case and not a bare legal or factual conclusion or a statement of an abstract principle.”

Question 73

What is the logical format for the “Under-Here-Therefore” system

Answer 73

Under, NY Law, all men are created equal
Here, Socrates is a man
Therefore, Socrates is mortal

Question 74

When the Partner Memo states that one of the tasks is to “be sure to refute the points made in the letter (brief, note, etc.) by opposing counsel, the instruction means that

Answer 74

You will write a section stating why the opposing counsel’s points are in error.

Question 75

Where there are a number of points in issue, to take another principle of organization

Answer 75

the writer may begin with the threshold issues, then any dispositive issues, then other issues in the order of the client’s strongest arguments.

Question 76

Where there are a number of points in issue, to take another principle of organization

Answer 76

the writer may begin with the threshold issues, then any dispositive issues, then other issues in the order of the client’s strongest arguments.

Question 77

Usually the Partner Memo tells the bar candidate to write a brief that argues several separate points.

Answer 77

One pint may be procedural, one substantive, and one evidentiary. Within each point, the bar candidate will structure the argument using one of the organizing principles in Perform Your Best.

Question 78

The conclusion sentence of the argument paragraph must

Answer 78

Follow logically from the application of the law to the facts.

Question 79

Briefs on the MPT commonly make arguments within a framework of

Answer 79

Civil or Criminal procedure, and they often argue the rules of evidence. In litigation, there will always be a framework of civil or criminal procedure and rules of evidence, including burden of proof at trial, and a standard of review in the appeals court.

Question 80

The Conclusion is the third part of the simplified format for a brief on the MPT, and it is

Answer 80

another summary of the argument, like the opening paragraph, be succinct, but do not neglect this final opportunity to argue your client’s case.

Question 81

The Conclusion Section should always include

Answer 81

The conclusion from each part of the three sections in the argument section of your brief.

Question 82

Example of a Conclusion on the MPT, which includes the conclusions from each of the three parts of the argument section

Answer 82

For the foregoing reasons, petitioner asks the Court to vacate the suspension of her driver’s license. The Department has failed to meet its burden of proving that petitioner drove with an impermissible blood-alcohol level by a preponderance of the evidence. The officer did not have a reasonable suspicion justifying his stopping petitioner’s car. The blood-alcohol test on which the DMW relies is inadmissible in evidence and suspect. Testimonial evidence before this tribunal supports petitioner’s accounts of events, while the officer’s own account is compatible with hers.

Question 83

Note that briefs ALWAYS close with the same words in the introductory sentence of the Conclusion, which are

Answer 83

For the following reasons…(then include the action that the party would like the court to take) party asks the Court to vacate (enforce, overturn, etc.) the decision

Question 84

Every brief is signed after the conclusion with the SAME closing, which is

Answer 84

Respectfully submitted. Also note that the attorney never writes “Esquire” after his own name.

Question 85

How is the signature block written in the MPT Court Brief

Answer 85

Respectfully submitted,
Name of Attorney
Attorney for Plaintiff/Defendant
Law Firm
Address of the Law firm

Question 86

How to draft a “LETTER” on the MPT, and unlike a memorandum, a business letter always includes

Answer 86

1- Addressing the letter to someone outside the law firm; and
2- It is always on the law firms letter head

Question 87

What are the MPT Partner Memo instructions that indicate the bar candidate is writing a business letter

Answer 87

The Partner Memo on the MPT may tell the bar candidate to “draft a letter for the partner’s signature.”

Question 88

When the recipient of a “letter” on the MPT is another lawyer, a bar candidate may choose

Answer 88

to cite cases and to use legal terminology. The partner will also be conscious that while cordiality is an aspect of professional courtesy, the letter cannot step over the line between professional courtesy and chumminess.

Question 89

When the partner is writing to the firm’s client or to some other non-lawyer, the partner will not

Answer 89

Generally, cite cases by name or use legal terminology. The partner will wish to demonstrate an emphatic understanding of the client’s situation, and of the problems the client faces.

Question 90

Business Letter Template Includes the following format:

Answer 90

Name of Firm (Centered)
Address (Centered)

              Date (Centered)

Name of Person (Lawyer, Client, etc.)
Name of Law Firm (being addressed, if applicable)
Mailing address of the party

RE: Case Name / Issue (Centered)

Dear Mr. Jones:

  (indent) The first sentence or paragraph of the letter introduces the sender and explains the purpose of the letter.  

Each section of the letter may have a persuasive section heading

The conclusion of the letter typically suggest further action

                             Yours very truly, 
                             Name 
                             Title (Managing Partner)

Question 91

The Body of the Letter on the MPT will often have

Answer 91

Three sections; the Partner Memo or Office Memorandum in the MPT File may indicate the three main parts.

In other cases, the letter will have an 1- an opening paragraph, 2- discussion section, and 3- closing section. In a longer letter, the discussion may have three parts. It will always conform to the instructions in the Partner Memo.

Question 92

If the MPT file includes an Office Memorandum specifying the format for the particular type of letter required in that task,

Answer 92

The bar candidate will stick meticulously to the specified format.

Question 93

The following rules apply where the MPT File does not provide specific instructions on how to organize the letter; Opening Section

Answer 93

Opening Section of the Letter: Where the sender and the recipient are not acquainted and the recipient may not be expecting the letter, the opening paragraph or sentence will introduce the sender.

“We represent James Jones, who is the former client / business / ect. of your client.”

It will state the purpose of the letter, in accordance with the instructions in the Partner Memo. “Mr. Jones asked us to seek an agreement with you on his behalf regarding disputed rights to the beachfront property Mr. Hobbs holds in City, State.

Even where the recipient and sender are already acquainted, for example, where the recipient is a client, the opening paragraph will usually state the purpose of the letter and indicate the relevant facts. “You have asked our opinion on whether the Delta Music Corporation owes you additional royalties for your CD called “All About Airplanes.” You have told us that Delta’s accounting reports for your royalties have always failed to include sales of your CD on the internet. We have examined your contract with Delta in order to advise you.”

Question 94

The following rules apply where the MPT File does not provide specific instructions on how to organize the letter; Discussion Section

Answer 94

In a longer letter the central part of the discussion may have three parts. These will respond to the instructions of the Partner Memo

Question 95

The following rules apply where the MPT File does not provide specific instructions on how to organize the letter; FInal Paragraph or Sentence of the Letter

Answer 95

The final paragraph or sentence will usually summarize the content of the letter and suggest a next action. “We believe that we should seek a meeting with Delta’s counsel to discuss this matter. Please call me at 555-1212 to talk about the possibility and the associated costs, and to discuss the alternatives.

Question 96

The purpose of the Case Law in the MPT Library is to

Answer 96

allow the examiners to “evaluate your ability to handle a select number of legal authorities in the context of a factual problem involving a client.”

Question 97

What are the legal authorities on the MPT in the Library

Answer 97

Legal authorities on the MPT are usually two kinds, Statutes and Cases. In addition, the Library may contain selections from hornbooks or official commentaries

Question 98

What is the FIRST step when working through the File and Library on the MPT

Answer 98

You should read the statutes before the cases, since cases usually interpret the statutes, rather than the other way around.

Question 99

How do you approach reading and reviewing the Statutes in the Library on the MPT

Answer 99

Book brief the key statute. If there are three elements, number them.

Question 100

What is the SECOND step when working through the File and Library on the MPT

Answer 100

Read through the file, and then survey the cases. The MPT gives you all the cases you will need, and must apply. You cannot miss an important case on the MPT because the bar examiners have given you the case law, so make sure you use all the cases.

Question 101

When briefing the Cases given by the bar examiners on the MPT, you must make sure to:

Answer 101

Note which jurisdictions the cases come from, which courts decided them, and when. Since the MPT might give you an area of law you never studied, you must be especially careful in determining the weight of authority.

You must be able to pull out the main facts, the rule of law, and the reasoning. You must know whether the case is mandatory or persuasive authority. You must know when the case was decided

Question 102

The examiners on the MPT say that in Franklin the court structure is the following:

Answer 102

The trial court is the court of general jurisdiction, which is the District Court, the intermediate appellate court is the Court of Appeals, and the highest court is the Supreme Court.

Question 103

What must you include when you cite a case from the Library in your MPT exam related to the weight of each case

Answer 103

Whether the case is mandatory or persuasive. The main factor that determines whether a case is mandatory or persuasive is which court authored the decision.

Question 104

If you have two cases decided by courts at the same level, you should

Answer 104

Read the earlier case first and then the later case, this allows you to see what the general law is and how subsequent cases have interpreted or modified the law.

Question 105

Case on the MPT are not in what order?

Answer 105

They are generally not in chronological order, nor are they in authoritative order. So you have to take a minute and determine the dates of the cases and the weight of authority given. After organizing the cases, then brief them

Question 106

Unlike Westlaw or Lexis-Nexis, the MPT does not give

Answer 106

Red or yellow flags to state that the case law is no longer good law, but the MPT does give enough information so that you can make that decision for yourself

Question 107

What is the importance of determining whether a case is mandatory or persuasive on the MPT?

Answer 107

When you correctly utilize the authorities in accordance with their weight, you demonstrate to the graders that you understand the hierarchy of the law. You MUST use the case law appropriately in your work product.

Question 108

Ethical Issues on the MPT

Answer 108

Are the basic ethical principles universally applied. The NCBE says that recognizing and resolving ethical dilemmas is tested on the MPT.

Question 109

Whether or not the MPT materials include statutes or case law touching on the ethical issue you have noticed

Answer 109

should be addressed to show the graders that you have recognized this ethical issue, it is important to state clearly, in a separately-labeled section, that there is a possible ethical issue. Explain what the issue is, use the word “ethical,” so you make it unmistakably clear that you know you are confronting an ethical issue.

Question 110

When you have to write an “ethical issue” paragraph on the MPT, the format is

Answer 110

Discuss how the issue could be handled, suggesting what type of disclosure or other resolution is available. The ethical issue may be one where consent of the client suffices, leaving representation unaffected. Where receiving consent from the client will resolve the ethical issue, you must state that fact explicitly and then continue with the remainder of the MPT task.

Question 111

Examples of Possible Ethical Issues on the MPT

Answer 111

1- Conflict of interest
2- Representation of Corporation or Its Employees
3- Drafter versus Beneficiary of a Will
4- Attorney’s Financial Interests in Conflict with Client’s Interests
5- Attorney’s Ethical Obligations to the Court

Question 112

The File might incude

Answer 112

The file consists of source documents containing all the facts of the case. The File might include

1- Transcripts of Interviews
2- Depositions 
3- Hearings or trials
4- Pleadings 
5- Correspondence
6- Client Documents 
7- Contracts 
8- Newspaper articles
9- Medical Records
10- Police Reports
11- Lawyer's notes

Question 113

What kind of facts are included on the MPT

Answer 113

Relevant as well as irrelevant facts are included. Facts are sometimes ambiguous, incomplete, or even conflicting

Question 114

When a client’s or a supervising attorney’s version of events may be incomplete or unreliable, the candidates is expected to

Answer 114

Examinees are expected to recognize when facts are inconsistent or missing and are expected to identify sources of additional facts

Question 115

The Library may contain

Answer 115

1- Cases
2- Statutes
3- Regulations
4- Rules, some of which may not be relevant to the assigned lawyering task.

Question 116

What is the examine expected to do with the Library information

Answer 116

The examinee is expected to extract from the Library the legal principles necessary to analyze the problem and perform the task.

Question 117

The MPT requires the examinees to (in general)

Answer 117

1- sort detailed factual materials and separate relevant from irrelevant facts;
2- analyze statutory, case, and administrative materials for applicable principles of law;
3- apply the relevant 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, and
6- complete a lawyering task within time constraints

Question 118

What are the lawyering tasks on the MPT:

Answer 118

Examinees might be instructed to complete any of 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, or a closing argument

Question 119

Problem Solving skills on the MPT test

Answer 119

The examinee should demonstrate the ability to develop and evaluate strategies for solving a problem or accomplishing an objective. Problem solving includes the ability to

A. Identify and diagnose the problem
B. generate alternative solutions and strategies
C. develop a plan of action
D. implement a plan of action
E. keep the planning process open to new information and new ideas

Question 120

Legal analysis and reasoning skills on the MPT test

Answer 120

The examinee should demonstrate the ability to analyze and apply legal rules and principles. Legal analysis and reasoning includes the ability to

A. identify and formulate legal issues
B. identify relevant legal rules within a given set of legal materials
C. formulate relevant legal theories
D. elaborate on legal theories
E. evaluate legal theories
F. criticize and synthesize legal arguments

Question 121

Factual analysis skills on the MPT test

Answer 121

The examinee should demonstrate the ability to analyze and use facts and to plan and direct factual investigation. Factual analysis includes the ability to

A. identify relevant facts within a given set of factual materials
B. determine the need for factual investigation
C. plan a factual investigation
D. memorialize and organize information in an accessible form
E. decide whether to conclude the process of fact gathering
F. evaluate the information that has been gathered

Question 122

Communication skills on the MPT test

Answer 122

The examinee should demonstrate the ability to communicate effectively in writing. Communication includes the ability to

A. assess the perspective of the recipient of the communication
B. organize and express ideas with precision, clarity, logic, and economy

Question 123

Organization and management of a legal task skills on the MPT test

Answer 123

The examinee should demonstrate the ability to organize and manage a legal task. Organization and management includes the ability to

A. allocate time, effort, and resources efficiently; and
B. perform and complete tasks within time constraints

Question 124

Recognizing and resolving ethical dilemmas skills on the MPT test

Answer 124

The examinee should demonstrate the ability to represent a client consistently with applicable ethical standards. Ethical representation includes

A. Knowledge of the nature and sources of ethical standards
B. knowledge of the means by which ethical standards are enforced; and
C. ability to recognize and resolve ethical dilemmas

Question 125

What is the MPT-Matrix

Answer 125

It is a graphic display that is both a map of your research and a plan for writing your work product

Question 126

What is the most important document in the File, and, indeed, in the entire packet?

Answer 126

It is the PARTNER MEMO (“task memo,” “supervisor memo”), a memo from a fictitious supervising attorney.

You must read the instructions in the Partner Memo with exquisite care, take the instructions apart into their smallest pieces, and respond fully to each one.

Question 127

What is the purpose of the Partner Memo

Answer 127

The Partner Memo gives you instructions for completing the particular MPT task. Following these instructions meticulously is key to achieving a good grade on the performance test

Question 128

What is the Perform Your Best Four-Step MPT System

Answer 128

It assures that you can complete the task in 90 minutes

1- You know how much time to spend on each part of the MPT task.

2- You can keep track of all research on one simple one-page MPT-Matrix. you need not take extensive notes, so there is no risk of losing your research.

3- You need never read anything in the File or Library more than once.

4- You can keep control of your time and complete the job

Question 129

On the MPT, clarity of focus and efficiency are everything, and efficiency means that

Answer 129

On that the MPT does not allow time for meditating on the case, for searching one’s memory for similar situations, for writing long introductory sections, or for demonstrating extensive knowledge.

Question 130

What is the first step in the Perform Your Best MPT System

Answer 130

First, read the NCBE general instructions and surveying the Table of Contents, read the Partner Memo.

Question 131

What is the second step in the Perform Your Best MPT System

Answer 131

Second, You must read the instructions in the Partner Memo with exquisite care, take the instructions apart into their smallest pieces, and respond fully to each one.

Question 132

What is the thrid step in the Perform Your Best MPT System

Answer 132

You will start by drawing a blank MPT-Matrix. Turn your paper sideways, because you will probably need more columns than rows. Your MPT-Matrix will take up the whole page. You must draw the matrix by hand, on paper.

Question 133

What do you write in the Left hand side of the MPT-Matrix vertical column?

Answer 133

You write out each instruction in the Partner Memo Task, which, generally, is 3 to 4 different tasks, or issue that need to be addressed

Question 134

What do you write along the upper horizontal boxes in the MPT-Matrix vertical column?

Answer 134

You write out the names of the documents across the top of the MPT-Matrix, using a capital letter for each one.

Question 135

What do you read first after setting up the MPT-Matrix and Partner Memo

Answer 135

You always read the STATUTES first, therefore right the statutes in the first column of the top horizontal line

Question 136

After you read the Statutes first in the MPT package, what is the next step

Answer 136

You will read the entire File and Library in the order in which the documents appear, starting with the File. You will read the materials ONLY once.

Question 137

What is the procedure for reading the File and Library

Answer 137

You will read the materials ONLY once. As you read along, you will underline each part you are going to use in responding to the instructions in the Partner Memo.

Question 138

What is the procedure for marking or noting the applicable statute, case, or fact in the File or Library to the issue on the MPT-Matrix

Answer 138

On the MPT-Matrix you will note the page number of that information from the file and library. You will put the page number of the material you are going to use in the MPT-Matrix at the intersection of the row for the instructions in the Partner memo and the column for the document in the File or Library where the material appears.

Question 139

What is indexing on the MPT-Matrix

Answer 139

You will put the page number of the material you are going to use in the MPT-Matrix at the intersection of the row for the instructions in the Partner memo and the column for the document in the File or Library where the material appears.

For example, information that appears in the statutes on page P-6, and then you will use that information in the box that intersection of row1 and column A.

One of the time-saving MPT-Matrix tips is that you never need to copy the information from the File or Library into a separate note, or take notes at all

Question 140

Cross-referencing on the MPT-Matrix means that

Answer 140

That you either under the fact in the File or Library (which is indicated on the MPT-Matrix), or you can put the column and line next to the fact in the File or Library

Question 141

After you completed the reading and marking the MPT-Matrix, the next step is

Answer 141

to “RE-READ” the instructions in the Partner Memo again to make sure you are doing exactly what the partner told you to do.

Question 142

How do you set each section heading in a persuasive memo (or in general)

Answer 142

Each instruction and question presented by the Partner Memo gets a Centered-Distinct Section Heading

Question 143

Overview to the MPT-Matrix approach

Answer 143

1. Draw the MPT-Matrix. Use the whole page
2. Read the NCBE instructions and survey the Table of Contents. Read the Partner Memo and list the instructions (or sub-topics) down the leftmost column, along with instructions from any second document the Partner Memo refers to, giving each instruction or sub-topic a number
3. List names of the documents in the File and Library across the top (horizontal) of the MPT-Matrix, and give each one a capital letter
4. Read the statutes first. Then read the File and Library, underlining and cross referencing words you will use, noting map coordinates in the margin
5. Note page numbers of that material in the MPT-Matrix, at the intersection of the row for the instruction or topic and the column for the document. (Indexing0
6. Review the instructions in the Partner Memo again. Write your work product, using the MPT-Matrix as you outline, taking the rows in order from top to bottom.
7. Review the instructions in the Partner Memo one final time, to be sure you are following the instructions. Make sure the format and tone of your work product are correct, and that you have handled ethical issues.
8. Submit Your Work Product.

Question 144

The MPT-Matrix is a map of legal research. To create the time-saving MPT Matrix for legal research, you will enter (what information) in the left most column, and (what information) in the top row

Answer 144

You will enter a list of topics and subtopics in the leftmost column and a list of documents in the top rox

Question 145

Where do the topics and subtopics come from to enter in the left most column of the MPT-Matrix Grid

Answer 145

The topics and sub-topics will come from the instructions in the Partner Memo, from a statute, or form any other structuring document. Another structuring document might be an officer memo in the File telling you how to structure a brief, or it might even be a code section with several parts.

Give each of the topics or subtopics a number as you list them in the leftmost column

Question 146

What do you assign to each topic or subtopic in the leftmost column of the MPT Matrix Grid

Answer 146

Give each of the topics or subtopics a number as you list them in the leftmost column

Question 147

Next, you will list the names of the documents in the File and documents in the Library across the top row. You will give assign (what) to each of the documents in the top row

Answer 147

You will give each document a capital letter, so you are creating a matrix with map coordinates

Question 148

What is indexing on the MPT-Matrix

Answer 148

Next, you will put the page number of the reserach material that bears on each topic or subtopic in the cell at the intersection of the row representing the sub-topic and the column representing the document from the File or Library

Question 149

When you are writing your MPT work product, and you are ready to write about the application of research information to a particular sub-topic, you will

Answer 149

simply go to the row with the research information you have listed for each sub-topic, moving from top to bottom in your MPT-Matrix. The page number will be right there. As you read, you will also note your map coordinates in the margin on the pages of the File and Library, this is called “cross-referencing.”

Question 150

At-a-Glance: Summary of the Four-Part Perform Your Best MPT System: Step 1

Answer 150

Step One. Outline. Five (5) minutes. Refresh yourself on the general instructions from the NCBE, look at the Table of Contents, and skim the entire File and Library quickly to see what is there.

Outline the instructions in the Partner Memo and any other key document. List Topics down the leftmost column of your MPT-Matrix and number them.

Question 151

At-a-Glance: Summary of the Four-Part Perform Your Best MPT System: Step 2

Answer 151

Step Two. Thirty Five (35) minutes. Complete the MPT-Matrix. Complete the framework of the Perform Your Best MPT-Matrix by noting the names of the documents in the FIle and Library across the tops of the columns in the Matrix and giving each one a Capital Letter. Then fill in the MPT-Matrix by reading straight through the File and Library materials. Then fill in the MPT-Matrix by reading straight through the File and Library materials, starting with the statutes, entering page numbers of useful material at the intersection of the appropriate rows and columns in the MPT-Matrix (indexing). As you go along, you will also be noting those MPT-Matrix map coordinates in the margins of the FIle and Library next to the material you will use (cross-referencing).

Question 152

At-a-Glance: Summary of the Four-Part Perform Your Best MPT System: Step 3

Answer 152

Step Three. Forty-Five (45) minutes. Create the work product. Check again to make sure that you are following the directions in the Partner Memo and any other key documents. Then write at least one sentence for each section of your work product. Finally, complete your work product.

Question 153

At-a-Glance: Summary of the Four-Part Perform Your Best MPT System: Step 4

Answer 153

Step Four. Five (5) minutes. Re-check everything. Check that the work product follows the instructions in the Partner Memo. Check that the format and tone are correct, that you have dealt with all ethical issues, and that each part of the work product has a persuasive heading that is underlined. Proofread.

Question 154

Why is the Partner Memo the most important document in the MPT packet

Answer 154

READ AND ANALYZE THE PARTNER MEMO WITH EXQUISITE CARE

It provides the framework for the entire work product. When you first open the task packet, refresh yourself on the general instructions from the NCBE, look at the Table of Contents, and skim the entire File and Library quickly to see what is there.

Take more time then you think necessary. Your grade depends on it. Later you should reread the instructions in the Partner Memo at least twice more. You should reread the instructions in the Partner Memo again before you start to write your work product. Finally, you should check the instructions in the Partner Memo one final time before you hand in your finished work product. Fulfilling the instructions in the Partner Memo is the key to success

Question 155

Once you determine what the task is

Answer 155

Note on your scrap paper the kind of task you are being asked to complete; e.g., letter to client, objective memo, or brief. Note the parties and whom you represent. Note whether your client is the plaintiff or the defendant or some other party

Question 156

When you list items in the leftmost column of the MPT-Matrix, make sure that you

Answer 156

separate all of the smallest elements of the instructions out of the sentences in which the partner has given directions. If the Partner Memo asks for both legal and factual analysis, make “legal” one item, and “factual” a separate item, on a separate line.

Question 157

If the instructions require analyzing a part of a statute or the entire statute, then you

Answer 157

Take the statute “apart” section or sub-section

Question 158

Step One: (Simplified)

Answer 158

1- Take the instructions in the Partner Memo apart carefully
2- If the instructions require analyzing part of a statute, take the statute apart, too
3- You should have a list of six to twelve items in your outline
4- Be certain you know what the Partner Memo requires you to do

Question 159

The key to success on the MPT is understanding the …

Answer 159

issues in the case and following the instructions on the Partner Memo.

Question 160

The Partner Memo will often specify

Answer 160

Separate tasks for you to accomplish but separate objectives within each task or separate aspect of each task. Do not rush over these distinctions. Give these little parts their own rows. List them down the lefthand column of the MPT-Matrix

Question 161

Example of understanding the nuances of separating objectives in the Partner Memo: The Partner memo for In re Steven Wallace, MPT, July 1999, tells the bar candidate to evaluate the legal and factual bases of the trustee’s claim that a painting is an asset of the bankruptcy estate under the Bankruptcy Act and the Franklin Commercial Code (FCC).

Answer 161

1. Painting in an asset of bankruptcy estate.
   a. Under Bankruptcy Act
   i. Legal Basis
   ii. Factual Basis
   b. Under the FCC
   i. Legal Basis
   ii. Factual Basis

Question 162

Do not expect to remember anything important from the Partner Memo without writing it down.

Answer 162

Write it down. Do not write it down on another piece of paper. Write it down on your outlines on your Perform Your Best MPT-Matrix

Question 163

Word to the Wise: If you do not treat a topic or sub-topic as a separate item in your outline of the Partner Memo,

Answer 163

You will not write about it separately in your work product. Accordingly, you will not get credit for handling it. Dissecting the Partner Memo with scrupulous care is essential to getting a good grade on the MPT.

Question 164

How do you treat other documents referred to in the Partner Memo

Answer 164

As you are outlining from the Partner Memo, read any other instructions or any other documents that the Partner Memo refers to. Do so with exquisite care.

If the Partner Memo indicates that another document may be a law firm memo, perhaps one setting out the format that the firm uses for wills. Or this key document may be a statute, perhaps, as in Steven Wallace, one setting out four defenses, each with four parts. Or it may be a letter from opposing counsel. Whatever the document is, take it apart just as carefully as you take apart the Partner Memo.

Question 165

Word to the Wise: Be Neat

Answer 165

Leave yourself a lot of space in your MPT-Matrix. Make sure your outline is legible. If you cannot read your own outline while you are working, you will not be able to use it. Always leave abundant white space.

Question 166

One sentence in the Partner Memo can yield (how many) sub-topics

Answer 166

One sentence in the Partner Memo can yield four (4) separate sub-topics. In other scenarios there have been four sub-topics with four sub-sub-topics for each sub-topics, therefore, as many as 16 need to outlined and mentioned

Question 167

Step 1. Outline What the Partner Memo Asks For:

Answer 167

i. Read the Partner Memo Carefully at least twice;
ii. Break the instructions in the Partner Memo down into their smallest parts;
iii. Write each small topic or sub-topic on a separate line of the leftmost column of the MPT-Matrix;
iv. Follow previous three steps with other organizing documents.

Question 168

Step Two. Thirty-five (35) minutes.

Answer 168

Complete the framework of the time-saving MPT-Matrix by noting the names of the documents in the File and Library across the tops of the columns in the MPT-Matrix and giving each one a capital letter.

Fill in the MPT-Matrix by reading straight through the File and Library materials, starting with the statutes, entering page numbers at the intersection of the appropriate rows and columns in the MPT-Matrix (indexing).

Question 169

The reasoning for noting the page numbers in the intersecting boxes is

Answer 169

By noting all of your research on one page, you avoid having to try to find notes you have copied from the File and Library. By making a note of your map coordinates in the margin in the File and the Library net to the material you will use, you are assuming that you can find the material to use it when you need it.

Once you have finished reading through the File and the Library indexing and cross-referencing at the same time, writing the work product will be easy.

Question 170

How to Index Your Research on the MPT-Matrix

Answer 170

Indexing is entering page numbers of useful material at the intersection of the appropriate rows and columns in the MPT-Matrix.

Write that page number in the column for that File or Library item, and in the same row as the topic from the Partner Memo to which it applies, meaning that you will put 1A, 1B, etc., in the File or Library document next to the line of information you will include in your work product.

Question 171

How to Cross Reference the Pages of the File and Library

Answer 171

Accordingly, you must put something on that page in the File or Library to point you quickly to the material you are going to use.

Cross-referencing works like this, while you are indexing the items in your left-hand column to the pages in the Library across the top row, writing in a page number in the cell at the intersection of the appropriate row and column, you will be underlining a few words that you want to use on that key page in the File and Library, and putting the appropriate mad coordinates next to those words in the margin of your MPT booklet.

Question 172

When you start to write your MPT work product, applying the MPT System you will be working row-by-row from the top of your columns on the MPT-Matrix to the bottom using the research material indexed in each column as you write out your work product.

Answer 172

intentionally left blank

Question 173

Some Rules for Reading, Indexing, and Cross-Referencing

Answer 173

1- When you read the Library, always read statutes first

2- Book-brief the elements of key statutes

3- Work through your File and Library materials just once, indexing and cross-referencing as you move along

4- Resist the temptation to work inefficiently

Question 174

When you read the Library

Answer 174

Always read the statutes first. If there is a key statute in the Library, take care to read and understand it first, before you read the case. Likewise, if a court case quotes an important statute that is not provided to you anywhere else, read it as soon as you can, carefully. Cases usually interpret statutes, not the other way around. Understanding the statutes takes precedence over understanding the cases.

Question 175

Book-brief the elements of key statutes

Answer 175

If you are going to apply a key statute, you will apply it one element at a time, using the Under-here-therefore system of legal writing. Accordingly, you will be best prepared to complete the MPT task if you have a list of those separate elements in front of you. As you read the key statute, find the most important section for your task. Break it into elements. List those elements. Neatly, You must be be able to read your own writing.

Question 176

Read through your File and Library materials just once.

Answer 176

You are going to read through your whole FIle and Library from start to finish only once. While you read you will index and cross-reference at the same time. That is one of the virtues of the MPT-Matrix system. You will not repeat any work. You will not have to re-read. You will not have to take the time to make separate notes in which you copy out sections of the File or Library.

Question 177

Resist the temptation to work inefficently

Answer 177

There are two temptations to resist. First, resist the temptation to read everything first, and then go back and index it. The 90 minutes for the MPT simply do not allow you enough time to repeat your work. Just read and index and cross-reference, all at the same time. Likewise, resist the temptation to read through the whole File for line 1 of your MPT-Matrix, then go back and read the whole File for line 2, and so on. Again, the MPT simply does not allow you enough time, just move swiftly along, reading once and indexing as you go along

Question 178

Read carefully, noting all dates and other numbers

Answer 178

Underline everything in the text that contains a number. That goes for dates, document numbers, and amounts. Note the date of every case, and note every day or time-limit in key statutes

Question 179

Step Three. Create the work product. Part Three-A. Five (5) minutes

Answer 179

Leave the first page of your bluebook blank, so you can go back and insert the first part of the format for a brief or memo or letter, or the first part of the format for whatever your assignment is.

Question 180

Step Three. Part Three-A (i).

Answer 180

Read the instructions in the Partner Memo, refresh yourself on what the issues are and what your task is and renew your sense of where your work product is going. Make sure you have a firm understanding of the roadmap you have created in your MPT-Matrix

Question 181

Step Three. Part Three-A (ii). Starting on page two

Answer 181

Starting with page two, go quickly through the bluebook and write at least one full sentence for each major topic at the tope a bluebook page, either on every page or every other page. If this sentence is your strong, persuasive, section heading, so much the better. No matter how incomplete your treatment of this topic seems to you, quickly write something for every single section heading. This gives you a framework in the bluebook or on the computer. You will not be plunging into a vacuum on your blank pages

Question 182

Step Three. Part Three-B

Answer 182

Re-Read the instructions in the Partner Memo, again make sure you understand the key issues, pause to reflect on the big picture and to make sure that you are responding to the big picture, and then briskly complete your work product.

Question 183

Word to the Wise: Format is key for giving yourself a structure and for creating the best professional impression.

Answer 183

Make sure that the grader can see the logical structure of your work product just by looking at your pages.

Question 184

Give yourself a structure by choosing a standard law office format for your task: memo, brief, and son on.

Answer 184

Your work product will usually have three main parts. Note how many sub-sections your work product will have. Divide your time available by the number of subsections. You will normally write only a few sentences for each sub-section. Remember, no sub-section should require much more than one bluebook page, or the equivalent on the computer, so control your time, and only include 4-5 sentences, at most, for each subsection.

Question 185

After your have written all your paragraphs, at the end, if you have not done so, go back and

Answer 185

insert a short clear persuasive heading for every section. Your section headings should state succinctly your conclusion or argument each section, using both law and facts. Incorporate in each section heading the key word or words from your topic outline. Underline your heading, leave space above and below it, and otherwise make it obvious to the grader’s eye what your section headings are. The grader must be able to follow your argument visually.

Question 186

Step IV. Re-checking Everything. Re-check the instructions in the Partner Memo, and re-check your format

Answer 186

1. Go back through your work product
2. Make sure that you have used all of the material in your MPT-Matrix
3. Make sure that you have handled every single topic down the lefthand column of your MPT-Matrix
4. Quickly check over the beginning and end of your work product. Is the format correct
5. Does your memorandum state what the task is at the beginning? Does your brief state at the beginning what you wish the court to do?
6. Do you state that you have completed your task, or restate what you wish the court to do, at the end?
7. Have you used the correct tone for the task? Neutral tone and third-person for a brief, showing courtesy and deference to the court; professional and cordial tone for a letter to a client, using first-and second-person
8. Read the Partner Memo again. Be certain that you have done exactly what the partner told you do, that you have addressed each topic, and that you have answered all of the partner’s questions.
9. Proof read

Question 187

NCBE: General Instructions for All Questions

Answer 187

1. You will have 90 minutes to complete this session of the examination. This performance test is designed to evaluate your ability to handle a select number of legal authorities in the context of a factual problem involving a client
2. The problem is set in the fictitious state of Franklin, in the fictitious Fifteenth Circuit of the United States. In Franklin, the trial court of general jurisdiction is the District Court, the intermediate appellate court is the Court of Appeal, and the highest court is the Supreme Court
3. You will have two kinds of materials with which to work: a File and Library. The first document in the File is a memorandum containing the instructions for the task you are to complete. The other documents in the File contain factual information about your case and may also include some facts that are not relevant.
4. The Library contains the legal authorities needed to complete the task, and may also include some authorities that are not relevant. Any cases my be real, modified, or written solely for the purpose of this examination. If the cases appear familiar to you, do not assume that they are precisely the same as you have read before. Read them thoroughly, as if all were new to you. You should assume that the cases were decided in the jurisdictions and on the dates shown. In citing cases from the Library, you may use abbreviations and omit page references.
5. Your response must be written in the answer book provided. In answering this performance test, you should concentrate on the materials provided. What you have learned in law school and elsewhere provides the general background for analyzing the problem; the File and Library provided the specific materials with which you must work.
6. Although there are no restrictions on how you apportion your time, you should be sure to allocate ample time (about 45 minutes) to reading and digesting the materials and to organizing your answer before you begin writing. You may make notes anywhere in the test materials; blank pages are provided at the end of the booklet. You may not tear pages from this question booklet.

Question 188

Successful Performance Methods: Perform your Best Checklist for the MPT

Answer 188

1. Do note the time the MPT exam begins. Write it down on your bluebook, along with the time the MPT exam will end. Write down the time you will finish outline (after 5 minutes), the time you will finish the MPT-Matrix (another 35 minutes), the time you will finish the work product (another 45 minutes) and re-checking everything. Write down the time you will finish. Stay on track to complete the MPT inside 90 minutes.
2. Do bring your own office supplies. Even if you are tying the exam, bring pencils, pens, and an eraser. Remember not to use colored pens or highlighters on your work product
3. Do put your name down on your work product as “Applicant” or “Bar Candidate.” Do not put your own name on your work product.
4. Do refresh yourself on the general instructions from the NCBE before beginning to work. To give you a head start, they are reprinted below.
5. Do skim the Table of Contents and the MPT packet to see what is there before starting to work.
6. Do complete the framework for the MPT-Matrix before starting to outline the instructions in the Partner Memo
7. Do read the instructions in the Partner Memo as though your legal careers depended on them, because it may. Read the partner’s key instructions at least three times before beginning your outline. Follow the partner’s instructions about how to use the case law or how to structure documents. Do follow all of the partner’s instructions about what to do and what not to do. Some instructions appear again and again in the MPTs. But pay attention, because the instructions you receive may be different
8. Do follow all the steps outlined in the MPT-System. Do stick to time limits
   a. Outline. Five (5) minutes
   b. Complete the MPT-Matrix. Thirty-five (35) minutes
   c. Create your work product. Forty-five (45) minutes
   d. Re-check everything. Five (5) minutes
9. Do read the statutes before the cases.
10. Do refresh yourself again on the instructions in the Partner Memo before you start to write your work product. Do make sure you remember what the issues are. Make sure understand the road map in your MPT-Matrix.
11. Do refresh yourself again on the instructions in the Partner Memo before you start to write your work product. Do make sure you remember what the issues are. Make sure you understand the road map in your MPT-Matrix
12. Do write at least one sentence for each section of your work product before beginning to write the whole project. Leave abundant space for filling in your discussion in each section.
13. Do divide your entire outline into sub-sections and divide the number of sub-sections into the amount of time you have. Stick to the time limits per sub-section
14. Do give citations for all cases you use. If you are suing a case that is included in another case, cite to both
15. Do limit your questions. But always quote the key words of any statute you are relying on, and use quotations. Do not paraphrase key portions of a statute. In the unlikely even that it is absolutely necessary to quote 50 or more words, indent the quote as a block quote and not use quotation marks
16. Do check whether the statute you would like to use was effective at the time of the incident discussed and that is effective now
17. Do be careful in handling the weight of the case law. Be careful that you have applied the law in accordance with the hierarchy of authorities. This includes distinguishing various court levels and jurisdictions, as well as noting whether a case has been overruled or distinguished.
18. Do make clear what the law is, whether it is in a statute or in a case or in some combination.
19. Do state explicitly that the Partner Memo has asked you to draft an objective memorandum or that the Partner Memo has asked you to draft a persuasive memorandum, and that that is what you are doing
20. Do tell the grader explicitly when you are confronting an ethical issue. Use the words “ethical issue” and explain clearly how you will resolve it.
21. Do give careful citations for all authorities. If you are using three cases, cite all three by name. If each cases cites two other cases, and you use those cases, then cite those cases by name, and also cite the cases in which they appear. While Bluebook form may not be required on the MPT, your citations must be clear. Underline cases names if you are handwriting the exam; italicize case names if you can, if you are using a computer. You may use abbreviations of case names and omit page numbers
22. Do pay attention to footnotes in cases and briefs. They are there for a reason. Some courts and attorneys put their most important points in their footnotes
23. Do make your work look professional. Make your work product look like a memorandum or a brief or letter. Do use the MPT versions of the standard law officer formats provided in this book. Your work product will never contain colored ink or highlighter. And please, no boxes around words. Do not abbreviate, except for names of statutes and cases references.
24. Do underline the persuasive headings of the sections of your work product and number them. Do number and letter the sub-sections of your work product. Present your organization visually, so the grader can tell how you have organized your work just by looking at your pages.
25. Do include both law and facts in all of your persuasive headings. Underline your persuasive headings. Use numbers and letters.
26. Do remember that the visual structure of your work product is as important as the intellectual structure.
27. Do use headings and section titles. You must make your organization clear not just in your words but also visually, in the way you present your work product on the page. You should hand in your work product of a well-organized bar candidate with whom any grader would be happy to practice law.
28. Do handle the facts with care. Do not get carried away stating the facts. Remember, you must finish in 90 minutes. But your skill in using the facts is key to a successful performance on the MPT. Make it clear to the grader that you are using the facts to make an argument, that you are not just restating the facts. Underline key facts, use quotation marks where you quote from the fact pattern, and if longer quotes are absolutely necessary, set them out in indented paragraphs, where appropriate.
29. Where possible, do state the applicable standard for the court. If you are writing a memo in support of a motion for summary judgment, if you can, start by stating the standard for summary judgment. If it is a motion to dismiss, if possible, start by stating the standard for a motion to dismiss. If you are writing an appellate brief, if you can, start by stating the standard of review.
30. Do review everything in your work product before handling it in. Have you followed the instructions in the Partner Memo? Is your structure visually clear? Is the tone appropriate? Have you explicitly recognized any ethical issues and stated clearly how you propose to resolve them? Does every part of the work product have a persuasive heading?
31. Do proofread your work product before you hand it in.