MS Bar Multistate Performance 4

Question 1

A Library case is marked as having been reversed on other grounds. How should you use its holding relevant to your issue?

Accepted Answer

You may still rely on the relevant holding since the reversal was on other grounds

Answer

You must ignore the entire case as bad law

Answer

Cite it only to show what the law is not

Answer

Treat the reversal as making the case binding

Question 2

Your MPT task is to draft a closing argument for a jury. Compared to a brief, your writing should:

Accepted Answer

Use plain persuasive language aimed at lay jurors rather than dense citations

Answer

Include full bluebook citations for every authority

Answer

Adopt a neutral, objective tone

Answer

Focus on procedural history rather than the evidence

Question 3

What percentage of the total UBE score do the two MPT items together represent?

Accepted Answer

20 percent

Answer

30 percent

Answer

50 percent

Answer

10 percent

Question 4

The File includes a newspaper article about your client's dispute. Its most likely function is to:

Accepted Answer

Supply background facts, some of which may be irrelevant or unreliable

Answer

Serve as binding legal authority

Answer

Replace the task memo's instructions

Answer

Provide the grading criteria

Question 5

You finish your MPT analysis with 20 minutes left and realize you misread the task memo, which asked for a letter, not a memo. The best response is to:

Accepted Answer

Quickly reformat your answer to match the requested letter format

Answer

Leave the memo format since the analysis is what matters

Answer

Start the entire answer over from scratch

Answer

Add a note apologizing for the wrong format

Question 6

When two Library cases appear to conflict, the better MPT approach is to:

Accepted Answer

Reconcile or distinguish them based on their facts and dates

Answer

Pick one and never mention the other

Answer

Conclude the law is unknowable

Answer

Average the two holdings into a compromise rule

Question 7

Which of the following is a common reason examinees lose points on the MPT?

Accepted Answer

Failing to follow the specific instructions in the task memo

Answer

Citing the Library cases provided

Answer

Using headings to organize the answer

Answer

Applying the facts from the File