barbri_outline_-_ny_(2005)_-_multistate_performance_test -...

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MPT 1 M ULTISTATE P ERFORMANCE T EST I. Skills Tested on the MPT A. Legal Analysis and Reasoning ( most commonly tested ) 1. Critical and Basic Keys a. Figure out Proper Tone: Persuasive vs. Objective b. Figure out Audience Focus: Lawyer vs. Layperson 2. Difference between MPT and Bar Exam Essays a. Essays are Objectively Written while MPT is usually Persuasive b. Essays utilize IRAC while MPT most often does not c. Examples: elements of a breach of contract (essay) v. “there was a breach”(MPT); the elements of a bailment are…(essay) v. “my client prevails here….” (MPT) 3. Examples of Exercises a. Persuasive (i) Memo of Points and Authorities (Brief in Support of Motion) (ii) Trial Brief (iii) Appellate Brief (iv) Memo to Judge (v) Theory of the Case Memorandum (vi) Letter to Opposing Attorney (vii) Position Paper (ex. Persuasive letter to an agency) b. Objective (i) Memorandum of Law (ii) Client Letter B. Fact Gathering 1. Not taught in Law School; it’s a real world skill 2. Can be used as a sub-part of the question, i.e. MPT incorporates this skill and another, such as legal analysis 3. Three Types of Evidence or Facts (DPT- Dogs Play Tough) a. Documents b. Physical Evidence (hair, blood, clothing, DNA) c. Testimonial Evidence (depositions, statements, interviews) 4. Admissibility – relevant 5. Tools used in Discovery a. Interrogatories – written questions given to another party; answer in oath b. Depositions – oral examinations given to witness or another party given under oath c. Requests for Admission – requests made to another party d. Requests for Production of Documents and Things for Inspection e. Requests for Physical or Mental Examination – need court order C. Fact Analysis 1. Almost always a persuasive argument in favor of your client 2. Almost always written for a LAY audience 3. Most common tasks – opening statement, closing argument, jury instructions, affidavit Ex. Memo listing elements of crime and the facts we have to prove these elements; a letter listing goals of the client and the facts to show if goals are met by the plan offered. 4. Can be sub-part of the question 5. Facts are Always in the File 6. Write answer as you would speak it; Folksy D. Problem Solving 1. Explores options/ courses of action available to the client 2. The points earned for the exercise will be in the non-legal solutions 3. Approach: a. Identify problem in terms of the client’s goals b. Identify Alternatives, both positive and negative (i) Litigation (ii) Alternative Dispute Resolution Options (iii) Non-legal options c. Solution
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barbri_outline_-_ny_(2005)_-_multistate_performance_test -...

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