MS 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 documents specific to the client's case (Correct answer)
- It contains the legal authorities examinees must apply
- It explains the grading rubric for the task
- It provides model answers from prior administrations
Correct answer: It contains the factual documents specific to the client's case
The File holds case-specific factual materials such as memos, transcripts, and correspondence, while the Library holds the legal authorities.
Question 2: An MPT task memo asks for a persuasive brief to a trial court. Which writing approach is most appropriate?
- Argue the client's position while addressing adverse authority (Correct answer)
- Present both sides neutrally with a balanced conclusion
- Summarize only the facts without applying the law
- Ignore adverse authority to keep the brief focused
Correct answer: Argue the client's position while addressing adverse authority
A persuasive brief advocates for the client but must still confront and distinguish adverse authority rather than ignore it.
Question 3: How much time is allotted for each MPT item on the Mississippi Bar Exam?
- 90 minutes (Correct answer)
- 60 minutes
- 120 minutes
- 45 minutes
Correct answer: 90 minutes
Each MPT task is designed to be completed in 90 minutes.
Question 4: While reading the MPT Library, you find a case from a jurisdiction outside the fictional state of Franklin. How should you treat it?
- Treat it as persuasive authority unless the materials indicate otherwise (Correct answer)
- Ignore it because only Franklin law can be cited
- Treat it as binding because it appears in the Library
- Cite it only in a footnote as improper authority
Correct answer: Treat it as persuasive authority unless the materials indicate otherwise
Out-of-jurisdiction cases in the Library are generally persuasive, not binding, and were included because they are useful to the analysis.
Question 5: The task memo instructs you to write only the argument section of a brief and omit the statement of facts. What should you do?
- Follow the memo and draft only the argument section (Correct answer)
- Include a statement of facts anyway for completeness
- Write a full brief including tables and certificates
- Ask the graders for clarification in your answer
Correct answer: Follow the memo and draft only the argument section
MPT graders score adherence to the task memo's instructions, so omitting sections you were told to omit is required.
Question 6: Which of the following is NOT a skill the MPT is designed to test?
- Memorized knowledge of substantive state law (Correct answer)
- Sorting relevant from irrelevant facts
- Applying legal rules to a client's problem
- Communicating analysis in a required format
Correct answer: Memorized knowledge of substantive state law
The MPT is a closed-universe exercise supplying all needed law, so it tests lawyering skills rather than memorized doctrine.
Question 7: A recommended time split for a 90-minute MPT task is approximately:
- 45 minutes reading and organizing, 45 minutes writing (Correct answer)
- 10 minutes reading, 80 minutes writing
- 75 minutes reading, 15 minutes writing
- 30 minutes reading, 60 minutes writing
Correct answer: 45 minutes reading and organizing, 45 minutes writing
NCBE and bar preparation guidance suggest roughly half the time on reading and outlining and half on drafting.
MS Bar Multistate Performance 2
On the MPT, what is the primary purpose of the "File" provided to examinees?