IN Bar Multistate Performance 2 — Questions and Answers
Question 1: On the MPT, what is the primary purpose of the "File" provided to examinees?
- It contains the factual materials for the client's case, such as memos, transcripts, and correspondence (Correct answer)
- It contains the legal authorities the examinee must apply
- It contains model answers from prior administrations
- It contains the grading rubric used by examiners
Correct answer: It contains the factual materials for the client's case, such as memos, transcripts, and correspondence
The File holds all case-specific factual documents, while the Library holds the legal authorities.
Question 2: An MPT task memo instructs you to write a persuasive brief. Which approach best fits this instruction?
- Present both sides neutrally and let the reader decide
- Advocate for your client's position using favorable framing of law and facts (Correct answer)
- Summarize only the facts without applying law
- Recommend the client settle to avoid litigation
Correct answer: Advocate for your client's position using favorable framing of law and facts
A persuasive brief requires advocacy that frames the law and facts favorably for the client.
Question 3: How much time is allotted for each MPT item on the Indiana Bar Exam?
- 30 minutes
- 60 minutes
- 90 minutes (Correct answer)
- 3 hours
Correct answer: 90 minutes
Each MPT item is designed to be completed in 90 minutes.
Question 4: The MPT Library includes a statute and two cases from the fictional state of Franklin. What should an examinee assume about outside law?
- Real Indiana law controls over the Library materials
- Only the law provided in the Library should be used to analyze the problem (Correct answer)
- Federal law always supplements the Library
- Restatement provisions may be freely substituted
Correct answer: Only the law provided in the Library should be used to analyze the problem
The MPT is a closed universe, so only the legal authorities supplied in the Library may be relied upon.
Question 5: In an MPT case in the Library, a decision from the Franklin Supreme Court conflicts with a Franklin Court of Appeal decision. Which controls in a Franklin trial court?
- The Court of Appeal decision because it is more recent
- The Franklin Supreme Court decision because it is the highest state court (Correct answer)
- Neither, because both are only persuasive
- The trial court may choose either freely
Correct answer: The Franklin Supreme Court decision because it is the highest state court
Decisions of the jurisdiction's highest court bind all lower courts regardless of recency of intermediate decisions.
Question 6: An MPT task memo asks for an objective memorandum but you notice strong arguments for the opposing party. What should you do?
- Omit the opposing arguments to keep the memo concise
- Address the weaknesses candidly because an objective memo evaluates both sides (Correct answer)
- Convert the memo to a persuasive brief
- Refer the issue to the senior partner without analysis
Correct answer: Address the weaknesses candidly because an objective memo evaluates both sides
An objective memo must candidly evaluate strengths and weaknesses of the client's position.
Question 7: What percentage of the total UBE score in Indiana comes from the two MPT items combined?
- 10%
- 20% (Correct answer)
- 30%
- 50%
Correct answer: 20%
The two MPTs together account for 20% of the Uniform Bar Examination score.
IN Bar Multistate Performance 2
On the MPT, what is the primary purpose of the "File" provided to examinees?