MPT Multistate Performance Test

What two distinct sections of materials does every MPT task provide to the examinee?

• AA File and a Library
• BA Statement of Facts and a Statement of Law
• CA Memo and an Exhibit
• DAn Opinion and a Brief

How long is each MPT task and how many tasks make up a single MPT administration?

• A60 minutes; 3 tasks
• B90 minutes; 2 tasks
• C120 minutes; 1 task
• D45 minutes; 4 tasks

Which two MPT task types appear most frequently on released NCBE tests?

• AWill and trust
• BObjective memorandum and persuasive brief
• CDiscovery plan and witness examination plan
• DClosing argument and opening statement

An objective memorandum to a supervising attorney should primarily be written in what tone?

• APersuasive and adversarial
• BNeutral and analytically balanced
• CInformal and conversational
• DEmotional and sympathetic

A persuasive brief differs from an objective memo primarily in that the brief:

• AMay ignore unfavorable authority
• BFrames facts and law to support a desired outcome while still acknowledging contrary auth…
• CHas no required citation form
• DIs shorter than a memo

On an MPT, who tells the examinee exactly what document to produce and what format to follow?

• AThe Library introduction
• BThe opposing counsel
• CThe supervising attorney in the task memo at the start of the File
• DThe judge

A client letter task asks you to write to a non-lawyer client. The most important stylistic adjustment is to:

• AUse Latin phrases to demonstrate competence
• BTranslate legal concepts into plain language a layperson can act on
• CCite every case in Bluebook form
• DOmit any discussion of weaknesses

A demand letter to opposing counsel typically differs from an objective memo in that the demand letter:

• AMust omit any factual background
• BAdvocates a position and states the client's demand or settlement terms
• CIs written in the third person only
• DIs governed by the Federal Rules of Civil Procedure

On a contract-drafting MPT, the assignment most commonly asks the examinee to:

• ADraft the entire contract from scratch
• BDraft or revise specific provisions to address risks identified in the File
• CLitigate a contract dispute
• DSummarize the parties' negotiation history

A mediation argument or settlement-proposal MPT differs from a courtroom brief because it:

• AHas no audience
• BIs addressed to a mediator/opposing party and emphasizes mutual interests and risk, not j…
• CCites only statutes, never cases
• DIs subject to the rules of evidence

A jury closing-argument MPT primarily requires the examinee to:

• ARecite the indictment
• BWeave the trial evidence into a narrative that supports the client's verdict request
• CCite secondary authority
• DCross-examine a witness

An opinion letter task most commonly requires the examinee to:

• AFile a complaint
• BGive the client a reasoned legal conclusion about a proposed transaction or course of act…
• CArgue to a court
• DTake a deposition

A discovery-plan MPT typically asks the examinee to identify:

• AOnly the witnesses to depose
• BSpecific facts to obtain, the discovery devices to use, and the legal elements each piece…
• CThe verdict the jury should reach
• DThe judge's jury instructions

A witness-examination plan asks the examinee to:

• ACross-examine the supervising attorney
• BOutline the topics, questions, and exhibits to use during direct or cross of a specific w…
• CWrite a closing argument
• DDraft jury instructions

A will-drafting or estate-counseling MPT typically asks the examinee to:

• ALitigate a probate dispute
• BDraft testamentary provisions or a counseling plan that achieves the client's stated obje…
• CWrite a closing argument
• DProvide tax advice outside the Library

An MPT counseling plan or counseling memo most often asks the examinee to:

• AMake moral judgments about the client
• BIdentify legal options, evaluate risks and benefits, and recommend a course of action con…
• CWrite a brief to the appellate court
• DDraft a complaint

In the MPT File you are told the client's CEO 'feels strongly' that the contract was breached. For purposes of selecting relevant facts, the CEO's feeling is:

• AA material fact
• BNot itself a fact relevant to the legal elements; the underlying conduct may be
• CConclusive evidence
• DRequired to be quoted in your memo

Which of the following is the best definition of an 'undisputed fact' on the MPT?

• AA fact that both sides in the File appear to accept
• BA fact only the supervising attorney accepts
• CA fact that the Library says is true
• DAny fact in a witness statement

On an MPT, two witness statements disagree about whether the defendant gave verbal notice of a defect. The best treatment is to:

• APick one statement and ignore the other
• BIdentify the conflict, treat the notice as disputed, and analyze legal consequences under…
• CRefuse to answer until the facts are resolved
• DAssume the client is correct

Which File item is usually the LEAST likely to be a primary source of operative facts on an MPT?

• AA signed contract
• BA police report or sworn affidavit
• CA newspaper article reproduced in the File
• DA deposition transcript excerpt

An MPT File includes a witness with a documented prior conviction for perjury. For fact analysis, this witness's testimony should be:

• AExcluded entirely from your analysis
• BTreated as worthless
• CConsidered, but weighed in light of credibility concerns the conviction raises
• DTreated as conclusive on every issue

A fact appears only in an internal File memo from a junior associate summarizing a phone call. The best way to use that fact is:

• AIgnore it because it is hearsay
• BTreat it as fully verified
• CUse it but note that its source is secondhand and may need confirmation
• DQuote it without attribution

Which fact below would most likely be IRRELEVANT to an MPT negligence task focused solely on duty and breach?

• AThe defendant's standard operating procedure
• BThe plaintiff's medical bills
• CEvidence of an industry custom
• DA prior incident at the same location

The supervising attorney's memo tells you NOT to address damages. Including a damages section in your memo will most likely:

• AEarn bonus points for thoroughness
• BCost you time and graders points for ignoring scope
• CBe ignored by graders
• DBe required by the Library

A File contains 14 documents but the supervising attorney's memo only asks about an arbitration clause. The best fact-analysis strategy is to:

• ARead every document slowly in order
• BSkim documents for the clause and related communications, then focus on the few that bear…
• CRead only the supervising attorney's memo
• DIgnore the File entirely

A document in the File is undated. The best treatment is to:

• AIgnore it
• BUse surrounding context to estimate timing and note the uncertainty
• CRefuse to consider it
• DTreat it as the most recent document

A File witness statement contradicts itself between paragraphs 2 and 6. For credibility analysis, this internal contradiction:

• AHas no significance
• BIs itself a credibility issue the examinee should identify
• CMeans the witness should be ignored entirely
• DResolves itself

In sorting facts for an objective memo, you should treat client-supplied facts as:

• AAlways true
• BAlways suspect
• CFacts to use, while remaining alert to other File documents that confirm or contradict th…
• DHearsay to be excluded

On the MPT, organizing facts chronologically in a Statement of Facts is usually a strong choice because it:

• AIs shorter than other formats
• BLets the reader see how events unfolded and exposes causation
• CAvoids legal analysis
• DIs the only NCBE-approved format

Which is the best test for whether a fact belongs in a persuasive Statement of Facts?

• AIt supports the client and is in the File
• BIt is in the File and is legally or emotionally significant to the elements, even if some…
• COnly favorable facts may be included
• DOnly undisputed facts may be included

You spot a fact that appears damaging to the client. The best response in an objective memo is to:

• AOmit it
• BAcknowledge it and analyze its legal effect
• CRefer the client to other counsel
• DBury it in a footnote

Two File documents show the same fact stated in slightly different words. The best approach is:

• AQuote both at length
• BNote that the fact is corroborated and cite both briefly
• CPick the longer one and ignore the other
• DTreat them as contradictory

On a closed-universe MPT, applying a real-world Supreme Court case not in the Library is:

• ARequired
• BDiscouraged because the universe is limited to Library materials
• CWorth bonus points
• DNecessary for federal questions

A Library case from the highest court in the MPT jurisdiction conflicts with an intermediate appellate case in the same jurisdiction. The examinee should:

• ATreat both as equal
• BApply the higher court's decision as binding
• CPick whichever helps the client
• DRefuse to choose

Distinguishing a Library precedent from your client's facts is most effective when the examinee:

• AAsserts the cases are 'totally different' with no explanation
• BIdentifies a specific factual difference that maps onto a legal element and explains why…
• CCites the case but never engages with its facts
• DArgues the precedent was wrongly decided

IRAC structure means Issue, Rule, Application, Conclusion. The 'Application' step on the MPT requires:

• ARestating the rule
• BTying specific File facts to specific elements of the rule, with reasoning
• CListing every fact in the File
• DCiting every Library case

A Library statute and a Library case construe the same provision. The case is more recent and from the highest court. Which controls?

• AThe statute always controls
• BThe case controls only if it overrules the statute
• CThe case authoritatively construes the statute, so its interpretation governs in this jur…
• DNeither controls

A Library statute uses the word 'may.' Most appropriately, the examinee should treat 'may' as:

• AMandatory
• BPermissive — granting discretion
• CProhibitive
• DAn accidental drafting error

A Library case decided 30 years ago has never been cited or overruled. The best inference for MPT purposes is that:

• AThe case is obsolete
• BThe case remains good law unless the Library provides reason to doubt it
• CThe case must be ignored
• DThe case is dicta

In an objective memo, when the Library produces a close call, the examinee should:

• ARefuse to predict an outcome
• BPredict the most likely outcome but explain why it is close and identify the strongest co…
• CPick the answer the client wants
• DDefault to ruling against the client

A Library administrative regulation conflicts with a Library statute. The regulation is most likely:

• ASuperior to the statute
• BValid only if it is consistent with the statute's authorizing language
• CAlways invalid
• DControlling because it is more recent

A Library case from another MPT jurisdiction is included along with several in-jurisdiction cases. The out-of-jurisdiction case is:

• ABinding
• BPersuasive only
• CInadmissible
• DTo be ignored entirely

A Library case sets out three elements for a tort. Your File facts plainly satisfy two of them. Best practice is to:

• ASkip the satisfied elements entirely
• BAddress every element, but use less space and analysis for those plainly satisfied
• CPretend the facts are weaker than they are
• DArgue the case is wrong

On a persuasive brief, the standard of review applied by the appellate court matters because:

• AIt determines the page limit
• BIt frames how deferentially the court will review the trial court's ruling and shapes the…
• CIt is purely procedural
• DIt does not affect the analysis

A Library case includes a long block of dicta favorable to the client. The examinee should:

• ATreat it as binding
• BUse it as persuasive language but acknowledge it is dicta
• CRefuse to mention it
• DQuote it as the holding

A Library case applies a multi-factor balancing test. The MPT examinee's best approach is to:

• AApply only the factor that helps the client
• BWalk through each factor with facts and weigh them, even when some cut against the client
• CList the factors with no analysis
• DArgue the test is wrong

On the MPT, conclusory analysis ('Therefore, the contract is breached.') tends to score poorly because it:

• AIs too long
• BOmits the reasoning step linking specific facts to specific rule elements
• CIs too persuasive
• DCites too few cases

Two Library cases articulate slightly different formulations of the same rule. Best practice is to:

• APick one and ignore the other
• BReconcile them: state the rule the higher court or more recent case adopts, and note the…
• CCite both formulations without comment
• DApply both rules in parallel