GA Bar Multistate Performance 3 — Questions and Answers
Question 1: In the MPT Library, which of the following sources is generally NOT binding authority?
- A Franklin Supreme Court decision directly on point
- A Franklin intermediate appellate court opinion
- A law review article analyzing Franklin law (Correct answer)
- A Franklin statute that addresses the issue
Correct answer: A law review article analyzing Franklin law
Secondary sources like law review articles are persuasive at best; only primary authorities — cases and statutes — can be binding.
Question 2: When a supervising attorney's task memo says 'be thorough but concise,' candidates should:
- Write as many pages as possible to demonstrate legal knowledge
- Address all relevant issues efficiently without padding or repetition (Correct answer)
- Focus only on the single strongest argument to save time
- Copy language from the Library verbatim to demonstrate accuracy
Correct answer: Address all relevant issues efficiently without padding or repetition
'Thorough but concise' means covering all necessary points without unnecessary filler — quality over quantity.
Question 3: In an MPT demand letter to an adverse party, which element is most critical?
- Extensive case citations to demonstrate your research depth
- A clear statement of the client's legal claim and the remedy demanded (Correct answer)
- A detailed chronological narrative of the opposing party's wrongdoing
- Technical legal terminology to establish professional credibility
Correct answer: A clear statement of the client's legal claim and the remedy demanded
A demand letter must clearly state the client's legal basis and exactly what remedy is sought so the opposing party can respond meaningfully.
Question 4: When the MPT file contains a client statement that contradicts other documents, you should:
- Ignore the contradiction and proceed with only the favorable facts
- Note the inconsistency and assess its impact on the legal analysis (Correct answer)
- Assume the client is untruthful and adopt the contrary factual position
- Discard the client statement as inherently unreliable
Correct answer: Note the inconsistency and assess its impact on the legal analysis
Effective MPT analysis requires recognizing factual tensions and explaining how they affect the legal outcome, not ignoring them.
Question 5: The MPT is designed to test practical lawyering skills. Which skill does it specifically EXCLUDE?
- Problem solving and legal analysis
- Independent legal research beyond the provided materials (Correct answer)
- Factual investigation and organization
- Written communication
Correct answer: Independent legal research beyond the provided materials
The MPT provides all needed law in the Library, so independent research is excluded — candidates are tested on applying provided law, not finding it.
Question 6: When an MPT task requires drafting a contract clause, the primary goals should be:
- Using the most technical legal language available to demonstrate expertise
- Drafting language that clearly expresses the agreed terms and protects the client (Correct answer)
- Copying an existing clause from the Library with minimal modification
- Using only plain language with no legal terms to maximize clarity
Correct answer: Drafting language that clearly expresses the agreed terms and protects the client
Contract drafting requires clear expression of terms that protect the client's interests while remaining enforceable.
Question 7: The MPT Library contains cases from Franklin (the controlling jurisdiction) and Columbia (another fictional state). How should you treat Columbia cases?
- Both Franklin and Columbia cases are equally binding
- Franklin cases are binding; Columbia cases are only persuasive authority (Correct answer)
- Columbia cases supersede Franklin cases if they are more recent
- Neither is binding; only statutes from the controlling jurisdiction bind
Correct answer: Franklin cases are binding; Columbia cases are only persuasive authority
Only the law of the adjudicating jurisdiction is binding; cases from other jurisdictions are merely persuasive.
GA Bar Multistate Performance 3
In the MPT Library, which of the following sources is generally NOT binding authority?