MS Bar Multistate Performance 3 — Questions and Answers
Question 1: The MPT File contains a witness transcript with statements that contradict your client's account. The best approach is to:
- Acknowledge the unfavorable facts and address them in your analysis (Correct answer)
- Omit the contradictory statements from your answer entirely
- Assume the transcript is unreliable and disregard it
- Invent additional facts that resolve the contradiction
Correct answer: Acknowledge the unfavorable facts and address them in your analysis
Strong MPT answers deal candidly with unfavorable facts because graders reward recognition and handling of factual weaknesses.
Question 2: Which document in an MPT packet tells you the specific assignment, audience, and format required?
- The task memorandum from the supervising attorney (Correct answer)
- The table of contents of the Library
- The first case in the Library
- The client engagement letter in the File
Correct answer: The task memorandum from the supervising attorney
The task memo defines the assignment, the intended reader, and the expected format for the work product.
Question 3: An MPT statute in the Library has three numbered elements, but the Library cases interpret only two of them. What should you do about the third element?
- Analyze it using the statutory text and the File facts (Correct answer)
- Skip it because no case discusses it
- State that the element cannot be analyzed without more law
- Rely on your memory of real-world case law to fill the gap
Correct answer: Analyze it using the statutory text and the File facts
When cases are silent, examinees should apply the plain statutory language to the facts rather than skip the element or import outside law.
Question 4: How many MPT items appear on the Uniform Bar Examination administered in Mississippi?
- Two (Correct answer)
- One
- Three
- Four
Correct answer: Two
The UBE includes two 90-minute MPT items, together weighted at 20 percent of the total score.
Question 5: You are asked to draft an objective memorandum. Your research shows the client will likely lose. You should:
- State the likely unfavorable outcome candidly with supporting analysis (Correct answer)
- Conclude in the client's favor to show advocacy skills
- Refuse to reach any conclusion
- Recommend the firm decline representation
Correct answer: State the likely unfavorable outcome candidly with supporting analysis
Objective memos require honest predictive analysis, even when the conclusion is unfavorable to the client.
Question 6: Which of the following formats has appeared as an MPT task besides briefs and memos?
- A client letter (Correct answer)
- A multiple-choice questionnaire
- A law review article
- A bar complaint against opposing counsel
Correct answer: A client letter
MPT tasks include varied lawyering documents such as client letters, contract provisions, discovery plans, and closing arguments.
Question 7: In the MPT's fictional jurisdiction, the state of Franklin is located within which fictional federal circuit?
- The Fifteenth Circuit (Correct answer)
- The Fifth Circuit
- The First Circuit
- The Federal Circuit
Correct answer: The Fifteenth Circuit
MPT materials place Franklin in the fictional Fifteenth Circuit to keep the universe self-contained.
MS Bar Multistate Performance 3
The MPT File contains a witness transcript with statements that contradict your client's account.
The best approach is to: