UT Bar Multistate Performance 3 — Questions and Answers
Question 1: In a persuasive MPT brief, point headings should generally be written how?
- As neutral topic labels like 'Negligence'
- As full argumentative sentences combining law and favorable facts (Correct answer)
- As questions posed to the court
- As citations to Library cases only
Correct answer: As full argumentative sentences combining law and favorable facts
Persuasive headings state the conclusion you want, tying legal standards to your client's facts.
Question 2: Roughly how should examinees split their 90 minutes on an MPT?
- About 45 minutes reading/organizing and 45 minutes writing (Correct answer)
- About 10 minutes reading and 80 minutes writing
- About 80 minutes reading and 10 minutes writing
- Equal thirds for File, Library, and proofreading
Correct answer: About 45 minutes reading/organizing and 45 minutes writing
NCBE recommends spending about half the time reading and outlining and half writing.
Question 3: An MPT File contains a witness transcript with inconsistent statements. What is the best use of this material in an objective memo?
- Omit the inconsistencies to keep the memo clean
- Note the inconsistencies and assess how they affect the strength of the client's position (Correct answer)
- Assume the witness is lying and disregard the transcript
- Quote the entire transcript verbatim
Correct answer: Note the inconsistencies and assess how they affect the strength of the client's position
Evaluating credibility problems and their impact on the case is exactly the factual analysis the MPT rewards.
Question 4: MPT Library cases come from the fictional state of Franklin. Why does the NCBE use fictional jurisdictions?
- To test knowledge of Franklin's real statutes
- To ensure no examinee has an advantage from knowing actual local law (Correct answer)
- To make the exam shorter
- To allow examinees to cite outside law freely
Correct answer: To ensure no examinee has an advantage from knowing actual local law
A fictional closed universe levels the playing field so only provided authorities matter.
Question 5: You finish your MPT answer with 15 minutes left. What is the most productive next step?
- Add unrelated legal doctrines to show knowledge
- Review your answer against the task memo to confirm every assigned element was addressed (Correct answer)
- Rewrite the answer from scratch
- Leave early
Correct answer: Review your answer against the task memo to confirm every assigned element was addressed
Checking the task memo ensures full compliance with the assignment, the biggest scoring driver.
Question 6: Which document in the MPT packet tells you the format, audience, and scope of the required work product?
- The task memorandum from the supervising attorney (Correct answer)
- The first Library case
- The File's cover sheet
- The table of contents
Correct answer: The task memorandum from the supervising attorney
The task memo defines exactly what to write, for whom, and in what form.
Question 7: A Library case is from a neighboring fictional state rather than Franklin. How should it be weighted in your analysis?
- As binding precedent
- As persuasive authority that Franklin courts may follow (Correct answer)
- It must be ignored
- As controlling only if it is newer
Correct answer: As persuasive authority that Franklin courts may follow
Out-of-state decisions in the Library are persuasive, not binding, and should be characterized as such.
UT Bar Multistate Performance 3
In a persuasive MPT brief, point headings should generally be written how?