IN Bar Multistate Performance 3 — Questions and Answers
Question 1: An MPT File contains a client interview transcript where the client's statements conflict with a police report. How should the examinee treat this conflict?
- Ignore the police report as inadmissible
- Acknowledge the factual conflict and address how it affects the analysis (Correct answer)
- Assume the client is lying and drop the case theory
- Invent additional facts to resolve the conflict
Correct answer: Acknowledge the factual conflict and address how it affects the analysis
Strong MPT answers identify factual conflicts and explain their impact rather than ignoring or inventing facts.
Question 2: A task memo asks you to draft only the argument section of a brief and notes that another associate will write the statement of facts. What should you do?
- Write the full brief including facts to be thorough
- Follow the instructions and draft only the argument section (Correct answer)
- Write a memo instead because it is faster
- Draft the facts first and skip the argument if time runs out
Correct answer: Follow the instructions and draft only the argument section
Following the task memo's specific instructions is essential because points are awarded for the assigned task only.
Question 3: Which of the following is a commonly recommended time split for a 90-minute MPT?
- About 45 minutes reading and organizing, 45 minutes writing (Correct answer)
- About 10 minutes reading, 80 minutes writing
- About 80 minutes reading, 10 minutes writing
- About 30 minutes reading, 60 minutes on citations
Correct answer: About 45 minutes reading and organizing, 45 minutes writing
NCBE guidance suggests roughly half the time on reading and outlining and half on drafting.
Question 4: An MPT Library case includes a footnote stating a rule was superseded by a later Franklin statute also in the Library. Which authority should the examinee apply?
- The case rule, because cases outrank statutes
- The statute, because it supersedes the earlier case rule (Correct answer)
- Both equally, letting the grader choose
- Neither, because superseded law cannot be discussed
Correct answer: The statute, because it supersedes the earlier case rule
A statute that supersedes earlier case law controls, and the Library signals such relationships deliberately.
Question 5: In drafting an MPT persuasive brief, point headings should generally be written as what?
- Neutral topic labels such as "Negligence"
- Complete argumentative sentences combining law and favorable facts (Correct answer)
- Questions posed to the court
- Single-word issue tags
Correct answer: Complete argumentative sentences combining law and favorable facts
Effective persuasive point headings are full sentences that assert the conclusion using law applied to the client's facts.
Question 6: The MPT may test tasks other than memos and briefs. Which of the following is a plausible MPT assignment?
- Drafting a client opinion letter (Correct answer)
- Taking a live deposition
- Arguing orally before graders
- Negotiating in real time with opposing counsel
Correct answer: Drafting a client opinion letter
The MPT can require written work products like opinion letters, contract provisions, or discovery plans, but never live performance.
Question 7: An examinee finds that a fact needed for the analysis is missing from the MPT File. What is the best course?
- Fabricate a plausible fact to complete the analysis
- Note the missing fact and explain how its resolution would affect the conclusion (Correct answer)
- Skip the issue entirely
- Assume the fact favors the client without comment
Correct answer: Note the missing fact and explain how its resolution would affect the conclusion
Identifying factual gaps and explaining their significance demonstrates the fact-analysis skill the MPT rewards.
IN Bar Multistate Performance 3
An MPT File contains a client interview transcript where the client's statements conflict with a police report.
How should the examinee treat this conflict?