Essay and Performance Flashcards

Roughly how should an examinee divide the 90 minutes for an MPT between reading/outlining and writing?

Answer: About 45 minutes reading and organizing, 45 minutes writing

The NCBE recommends spending roughly half the time digesting the File and Library before drafting.

An MEE torts essay describes a defendant who acted reasonably but caused harm through an abnormally dangerous activity. The essay should focus on:

Answer: Strict liability, which applies regardless of the care exercised

Abnormally dangerous activities trigger strict liability, making the defendant's reasonable care irrelevant to liability.

In an MPT, the Library contains a statute and two cases interpreting it from different angles. The strongest answers will:

Answer: Synthesize the statute and cases into a working rule applied to the client's facts

MPT grading rewards synthesizing all provided authorities into a coherent framework applied to the facts.

An MEE question crosses two subjects, such as agency principles inside a partnership dispute. The examinee should:

Answer: Address issues from both subjects as raised by the facts

MEE questions frequently combine subjects, and points are allocated to issues from each area.

Which of the following document types has appeared as an MPT task and requires objective rather than persuasive writing?

Answer: An office memorandum to a supervising attorney

An office memo advises a supervisor objectively, weighing strengths and weaknesses of the client's position.

An MEE evidence essay involves an out-of-court statement offered to show its effect on the listener rather than its truth. The answer should conclude the statement is:

Answer: Not hearsay because it is not offered for the truth of the matter asserted

A statement offered for its effect on the listener falls outside the hearsay definition entirely.

A South Carolina examinee runs short on time during the MEE session with one essay unanswered. The best damage-control strategy is to:

Answer: Write an organized outline identifying issues, rules, and brief conclusions

Graders can award partial credit for identified issues and rules even in outline form.