UT 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 to be applied
- It contains model answers from prior exams
- It contains the grading rubric
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.
Question 2: An MPT task memo asks for an 'objective memorandum.' Which writing approach is correct?
- Argue only the client's strongest position
- Analyze both strengths and weaknesses of the client's position neutrally (Correct answer)
- Persuade the court to rule for the client
- Summarize the Library without applying facts
Correct answer: Analyze both strengths and weaknesses of the client's position neutrally
An objective memo requires balanced analysis of both sides, not advocacy.
Question 3: The MPT Library includes a case from a fictional jurisdiction with a dissenting opinion. How should the dissent generally be treated?
- Ignore it entirely as irrelevant
- Treat it as binding law
- Consider it as it may signal counterarguments or limits of the majority rule (Correct answer)
- Cite it as the controlling holding
Correct answer: Consider it as it may signal counterarguments or limits of the majority rule
Dissents are included deliberately and often flag counterarguments or weaknesses worth addressing.
Question 4: How much time is allotted for each MPT item on the Utah Bar Exam?
- 30 minutes
- 60 minutes
- 90 minutes (Correct answer)
- 120 minutes
Correct answer: 90 minutes
Each MPT is designed to be completed in 90 minutes.
Question 5: An examinee notices the MPT Library contains a statute that seems to contradict a case. What is the best approach?
- Apply only the case because courts interpret statutes
- Reconcile them, noting the statute's text and how the case interprets or limits it (Correct answer)
- Apply only the statute and ignore the case
- Ask the graders to clarify in a footnote
Correct answer: Reconcile them, noting the statute's text and how the case interprets or limits it
Strong MPT answers synthesize all Library authorities, showing how cases and statutes interact.
Question 6: Which of the following is NOT a skill the MPT is designed to test?
- Factual analysis
- Memorization of state-specific law (Correct answer)
- Following instructions in a task memo
- Organizing a written work product
Correct answer: Memorization of state-specific law
The MPT is closed-universe and tests lawyering skills, not memorized substantive law.
Question 7: The task memo instructs you to draft only the argument section of a brief, not the statement of facts. What should you do?
- Draft the full brief to show thoroughness
- Draft only the argument section as instructed (Correct answer)
- Draft the statement of facts first, then the argument
- Draft a summary of the Library instead
Correct answer: Draft only the argument section as instructed
Following the task memo's instructions precisely is essential; extra sections waste time and earn no credit.
UT Bar Multistate Performance 2
On the MPT, what is the primary purpose of the 'File' provided to examinees?