MD Bar Multistate Performance 3 — Questions and Answers
Question 1: A supervising attorney asks for an objective memorandum analyzing whether a claim will succeed. What tone should the MPT answer take?
- Balanced and neutral, addressing both strengths and weaknesses (Correct answer)
- Persuasive, arguing only the client's position
- Emotional, emphasizing the client's hardship
- Dismissive of any contrary authority
Correct answer: Balanced and neutral, addressing both strengths and weaknesses
An objective memo must candidly evaluate both sides of the issue rather than advocate.
Question 2: Which MPT task type requires a persuasive rather than objective writing style?
- A brief in support of a motion (Correct answer)
- An office memorandum to a partner
- A neutral case evaluation for a mediator
- A file summary for internal records
Correct answer: A brief in support of a motion
Briefs to a court are advocacy documents written persuasively for the client's position.
Question 3: The MPT task memo instructs you to draft a demand letter to opposing counsel. What is the best approach to tone?
- Firm and persuasive while remaining professional (Correct answer)
- Hostile and threatening to force settlement
- Purely neutral with no position taken
- Casual and conversational
Correct answer: Firm and persuasive while remaining professional
A demand letter advocates for the client but must stay within professional norms.
Question 4: While reading the MPT Library, you notice a footnote in a case stating a statute was amended after the opinion. What should you do?
- Account for the amendment, since such details are usually intentional and relevant (Correct answer)
- Ignore footnotes because they are never tested
- Apply the pre-amendment rule since the case is controlling
- Ask the graders for clarification
Correct answer: Account for the amendment, since such details are usually intentional and relevant
MPT drafters plant footnotes and dates deliberately, and current law in the Library controls the analysis.
Question 5: A Library case from the fictional Fifteenth Circuit conflicts with a Franklin Court of Appeal case on state law. Which controls in a Franklin state-court task?
- The Franklin state court decision (Correct answer)
- The federal circuit decision
- Neither; choose whichever is more recent
- Both must be given equal weight
Correct answer: The Franklin state court decision
On state-law questions, the state's own appellate decisions are binding while federal interpretations are persuasive.
Question 6: Roughly how should examinees split their 90 minutes on a typical MPT task?
- 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
- Time allocation does not affect performance
Correct answer: About 45 minutes reading and organizing, 45 minutes writing
NCBE guidance suggests spending roughly half the time digesting the File and Library and half drafting the answer.
Question 7: The task memo asks only for the argument section of a brief, not a statement of facts. What should you do?
- Follow the instructions and draft only the argument section (Correct answer)
- Include a full statement of facts anyway for completeness
- Write a complete brief with all standard sections
- Skip headings entirely to save time
Correct answer: Follow the instructions and draft only the argument section
Following the task memo's specific instructions is itself a graded lawyering skill on the MPT.
MD Bar Multistate Performance 3
A supervising attorney asks for an objective memorandum analyzing whether a claim will succeed.
What tone should the MPT answer take?