Multistate Performance Flashcards

The fictional MPT jurisdiction of Franklin sits within which fictional federal circuit?

Answer: The Fifteenth Circuit

MPT materials place Franklin, Columbia, and Olympia in the fictional Fifteenth Circuit.

An MPT Library contains a case from the neighboring fictional state of Columbia. How should a Franklin trial court treat it?

Answer: As persuasive authority only

Out-of-state decisions are persuasive, not binding, on Franklin courts.

A task memo asks for a "bench memo" to a judge. What is the defining feature of this work product?

Answer: It objectively analyzes the parties' arguments to assist the judge in deciding

A bench memo is an objective document that helps the judge evaluate both parties' positions.

Which of the following most commonly causes examinees to lose points on the MPT?

Answer: Failing to follow the specific format and task described in the instruction memo

Ignoring the task memo's instructions on format, audience, or scope is the most frequent and costly MPT error.

An MPT File includes a document marked as a draft contract with blanks. The task memo asks you to redraft a clause. What skill is primarily being tested?

Answer: Transactional drafting that implements the client's objectives within the Library's legal constraints

Drafting tasks test the ability to translate client goals into precise language consistent with the supplied law.

When citing authority in an MPT answer, what level of citation formality is expected?

Answer: Informal but clear references identifying the authority, such as the case name

Graders expect identification of the authority relied on, but perfect Bluebook format is not required.

The instruction memo says your supervising partner "does not want a separate statement of facts." You have extra time. What should you do?

Answer: Weave necessary facts into the analysis and omit a separate facts section

Facts should be integrated into the analysis when the memo expressly forbids a separate facts section.