CAS Bar CAS Performance 3 — Questions and Answers
Question 1: When the Performance Test library includes both a statute and a case interpreting that statute, which should govern your analysis?
- The case, because it is more recent and more specific
- The statute as primary authority, read in light of the case's interpretation (Correct answer)
- Whichever supports your client's position more strongly
- The secondary source that provides the most explanatory context
Correct answer: The statute as primary authority, read in light of the case's interpretation
Statutes are primary authority and control; cases interpreting the statute help explain its application but cannot override the statutory text.
Question 2: When a PT library case is factually distinguishable from your client's situation, the proper analytical move is to:
- Ignore the case because it does not directly apply
- Argue that the factual differences make the case's holding inapplicable (Correct answer)
- Accept the case as controlling without further analysis
- Rewrite the facts of the case to make them fit your situation
Correct answer: Argue that the factual differences make the case's holding inapplicable
Distinguishing a case requires identifying specific factual differences that justify why the court should not apply the case's holding to your client's matter.
Question 3: What does 'IRAC' stand for and what is its role in a Performance Test legal memo?
- Issue, Rule, Application, Conclusion — a framework for organizing legal analysis (Correct answer)
- Introduction, Research, Argument, Citation — a drafting checklist
- Identify, Research, Advise, Conclude — steps for client counseling
- Issue, Reasoning, Authority, Comment — a critique format
Correct answer: Issue, Rule, Application, Conclusion — a framework for organizing legal analysis
IRAC (Issue, Rule, Application, Conclusion) is a standard organizational framework that helps structure clear, logical legal analysis in memoranda and briefs.
Question 4: In a Performance Test demand letter, which tone is most appropriate?
- Conciliatory and apologetic to preserve the relationship
- Firm and professional while clearly stating the client's demands (Correct answer)
- Aggressive and threatening to maximize pressure on the opposing party
- Purely factual with no mention of legal consequences
Correct answer: Firm and professional while clearly stating the client's demands
A demand letter should be firm and professional, clearly articulating the legal basis for demands and consequences of non-compliance without being unnecessarily combative.
Question 5: When a supervising attorney's task memo says to write a 'bench memo,' what is the intended audience?
- The client, to explain their legal options
- A judge, to assist the court in preparing for oral argument or hearing (Correct answer)
- Opposing counsel, to outline your legal positions
- An administrative agency reviewing the matter
Correct answer: A judge, to assist the court in preparing for oral argument or hearing
A bench memo is written for a judge and summarizes the key issues, facts, and law to help the court prepare for hearing or argument.
Question 6: When two cases in the PT library appear to conflict with each other, what is the best analytical approach?
- Apply the more recent case and ignore the older one entirely
- Apply the case most favorable to your client without explanation
- Distinguish them by identifying different factual or legal bases for each ruling (Correct answer)
- Acknowledge the conflict without attempting to resolve it
Correct answer: Distinguish them by identifying different factual or legal bases for each ruling
Apparent conflicts between cases can often be resolved by identifying factual distinctions or differences in the legal questions addressed, making both cases consistent.
Question 7: In a Performance Test, what is the primary limitation on the legal research an examinee may use?
- Examinees may use any California statute they have memorized
- Examinees are limited to the legal authorities provided in the library (Correct answer)
- Examinees may supplement the library with general knowledge of federal law
- Examinees may cite any published case they recall from law school
Correct answer: Examinees are limited to the legal authorities provided in the library
The PT is a closed-universe exercise; examinees must work exclusively with the legal authorities provided in the library, not outside knowledge.
CAS Bar CAS Performance 3
When the Performance Test library includes both a statute and a case interpreting that statute, which should govern your analysis?