CAS Bar CAS Performance 2 — Questions and Answers
Question 1: What is the primary purpose of the task memo in a California Bar Performance Test?
- To summarize the facts of the case
- To instruct the examinee on what work product to produce and for what purpose (Correct answer)
- To list the legal authorities that must be cited
- To identify which party the examinee represents
Correct answer: To instruct the examinee on what work product to produce and for what purpose
The task memo provides critical instructions from the supervising attorney specifying the type of document to draft, the audience, and the purpose.
Question 2: When drafting a persuasive brief as a Performance Test work product, point headings should be written as:
- Neutral questions that identify the issues
- Conclusory statements that assert your client's position (Correct answer)
- Summaries of the relevant legal authority
- Factual descriptions of what occurred in the case
Correct answer: Conclusory statements that assert your client's position
In a persuasive brief, point headings are argumentative conclusions—complete sentences stating the result you want and the reasons supporting it.
Question 3: In a Performance Test, when the library contains cases from a fictional jurisdiction, how should you treat those cases?
- Ignore them because they are not real law
- Treat them as persuasive authority only
- Apply them as if they were binding law within the PT's closed universe (Correct answer)
- Cite them alongside real California cases for comparison
Correct answer: Apply them as if they were binding law within the PT's closed universe
The PT library creates a self-contained legal universe; fictional jurisdiction cases are treated as binding law within the context of that PT.
Question 4: Which writing style is most appropriate when the task memo instructs you to draft an 'objective memorandum'?
- Advocate strongly for your client's position in every section
- Present a balanced analysis of strengths and weaknesses (Correct answer)
- Write only about favorable precedents and facts
- Use emotional appeals to persuade the reader
Correct answer: Present a balanced analysis of strengths and weaknesses
An objective memo requires a neutral, analytical tone that honestly assesses both favorable and unfavorable aspects of the legal issues.
Question 5: When writing a client letter as a Performance Test work product, how should you handle complex legal terminology?
- Use technical legal terms throughout to demonstrate expertise
- Translate legal concepts into plain language the client can understand (Correct answer)
- Avoid discussing legal analysis entirely and focus only on facts
- Use Latin phrases to show the client you are well-qualified
Correct answer: Translate legal concepts into plain language the client can understand
Client letters must communicate effectively with a non-lawyer audience, requiring plain language explanations of legal concepts.
Question 6: What is the most efficient first step an examinee should take when beginning a Performance Test?
- Begin drafting the work product immediately to save time
- Read the task memo carefully to understand what must be produced (Correct answer)
- Read all file materials before reading the library
- Outline the entire document before reading any materials
Correct answer: Read the task memo carefully to understand what must be produced
Reading the task memo first tells you exactly what to produce, allowing you to read the file and library with a targeted purpose.
Question 7: In the California Bar Performance Test, which of the following is typically found in the 'File' section?
- Statutes and regulations
- Court opinions and case holdings
- Client interview transcripts and contracts (Correct answer)
- Secondary sources like law review articles
Correct answer: Client interview transcripts and contracts
The File contains factual materials such as interview transcripts, deposition excerpts, correspondence, contracts, and other documents relevant to the client's matter.
CAS Bar CAS Performance 2
What is the primary purpose of the task memo in a California Bar Performance Test?