Essential Strategies for Multistate Performance Test Success
Enhance your Multistate Performance Test skills with this comprehensive guide covering key areas such as problem-solving, legal analysis, factual analysis, communication, and organization. The breakdown of test components, tight time constraints, and effective strategies for handling MPT challenges are highlighted with practical advice and visual aids.
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Presentation Transcript
MPT CLINIC SUMMER 2017 MPT AFTERNOON SESSION
Multistate Performance Multistate Performance Test Test
What We Will Cover What We Will Cover Today Today Parts of MPT Strategies for MPT A Practice Problem
The Breakdown The Breakdown One Question Weight: 1.5 Essay question Drafted by National Conference of Bar Examiners Designed to challenge you to finish in time 90 minutes - 45 reading and outlining - 45 writing answer
Skills Tested Under Skills Tested Under Tight Time Constraints Tight Time Constraints
Problem Solving Problem Solving Identify & diagnose problem Generate alternative solutions Develop a Plan of Action Implement Plan Keep plan open to new information
Legal Analysis & Legal Analysis & Reasoning Reasoning Identify & formulate legal issues Formulate legal theories Evaluate legal theories Criticize & synthesize legal arguments Prioritize legal arguments
Factual Analysis Factual Analysis Identify Relevant Facts Evaluate information gathered Determine whether there is a need for additional information
Communication Communication Audience Organization Express Ideas with - Precision - Clarity - Logic - Efficiency
Organization & Organization & Management Management Allocate Time, Effort & Resources Perform & Complete task as described within time constraints
Ethical Dilemmas Ethical Dilemmas Knowledge of nature & Knowledge of nature & source of ethical standards source of ethical standards (MPRE) (MPRE) Knowledge of how ethical Knowledge of how ethical standards are enforced standards are enforced (ARDC) (ARDC) Ability to recognize & Ability to recognize & resolve ethical dilemmas resolve ethical dilemmas (personal conflicts) (personal conflicts)
Dont Forget Don t Forget Read Carefully Read Carefully -- But Efficiently Think Think Common Sense Common Sense Answer Question Asked Answer Question Asked Use Given Format Use Given Format Use Proper Tone Use Proper Tone The Law is Already There The Law is Already There But Efficiently
Parts of the MPT Parts of the MPT
Task Memoranda Task Memoranda Vital to follow exactly Gives assigned Task Read very carefully
Case File Case File Contains info about your case Transcripts, documents, interviews, pleadings, wills, contracts, etc.
Library Library Legal Authorities Cases & Statutes Regulations Rules Authorities may come from a variety of sources
90 Minutes 90 Minutes Read & Organize File Read & Organize File Read & Organize Read & Organize authorities authorities Write Answer Write Answer
Manage Your time Manage Your time 35 Minutes: Read Materials 10 minutes: Organize Answer 45 Minutes: Write
Suggested Strategy: Suggested Strategy: Organization Organization
Suggested Strategy Suggested Strategy Read General Instructions Read General Instructions Read Task Memo & make notes Read Task Memo & make notes Read & Organize Case File Read & Organize Case File Read & Organize Library Read & Organize Library Re Re--read task memo read task memo Write Document Write Document
What is the Task What is the Task Memo of Law Persuasive Brief Memorandum to Judge Trial Brief Appellate Brief Opening statement Theory of Case Memo Client Letter Letter to Opposing Attorney Position Paper Will Closing Argument
Organizing Answer Organizing Answer DIRAC DIRAC -- always to always to organize organize -- sometimes to write sometimes to write Use Headings Use Headings Decision Decision Conclusion Conclusion issue issue
Fact Gathering Fact Gathering Interrogatories Document Requests Depositions Request for Admissions Request for exam Subpoena Duces Tecum Identify sources of fact Develop Plan Do not make assumptions Admissibility
Fact Analysis Fact Analysis Know Your Audience Persuasive v. Objective Purpose of Document Know Client s goals
Fact Analysis Fact Analysis Documents Documents Closing Argument Opening Statement Jury Instructions Declaration or Affidavit Witness Cross-Examination Will, Contract, other documents
Problem Solving & Tactical Problem Solving & Tactical Considerations Considerations Identify problem in terms of client s goals Consider options Prioritize strongest option
Ethical Dilemmas Ethical Dilemmas Identify ethical problem Suggest alternative ways to solve it Select solution Keep within ethical rules
And Now And Now Specific Organization Specific Organization Approach Approach
The Four Blocks Task Memo Case File Library Answer
Practice Question In Re Gardenton Board of Education
Task Memo Memorandum from senior partner to evaluate and analyze the proposed code of student conduct. Identify the legal issues that give rise to constitutional challenges Analyze whether each provision is permissible Make suggestions whether to modify or delete the preamble AND the provisions Support suggestions with law and fact
Case File Transcript with Dr. Kantor: Complaints from parents and other groups over the subject matter and language of a student newspaper and theatrical and video productions prompted the development of this code. The different media sell advertisements the community and advertise in the community. Preamble: Code addresses all off and on campus student publications
Case File Guidelines: 1. All publications must use proper English and journalistic standards 2. No bad language and stories in bad taste. Publications must also regard, age, experience, and the maturity of the student population 3. Stories must be verified for accuracy and quotations must be verified to the satisfaction of the supervising teacher 4. No quotation or photograph may be used without the person s permission, and in the case of a minor, the parents permission. However, group photo participants give their implied consent.
Case File 5. No publication shall be: Libelous or slanderous material that violates privacy rights Contain profanity - meaning language in local newspapers Criticize public official or school teacher or administrator Material cannot be published if it is not deemed in the schools best interest by the principal. 6. Material must be approved by the principal before publication, distribution, or dissemination
Library USA Constitution: Congress cannot suppress press Franklin Constitution: Law may not abridge press. Every person is responsible for abuse of right to speech F.E.A Sec. 48: Free press except libel and slander. School administration and advisors are responsible for school publ. Content Hazelwood: Educators have authority over school publ s that bear imprimatur of school. School may consider emotional maturity of students Lopez: School paper is a limited forum. School regulations must be narrowly drawn to achieve compelling gov. interest. Cannot be vague. Leeb: A school dist may not censor defamatory material against a public figure.
Answer Preamble: School paper plus other medium is a limited forum (Lopez). Off campus material must be removed. G1: Ok. G2: Too vague. Not in good taste is not narrowly tailored. Suggest obscene G3: Ok. G4:Ok. G5: Sec A. Leeb. The school may only censor actionably libelous material. Sec. B- permissible. Lopez. Sec. C. Not permissible -School cannot censor materials of a pub. Fig. Sec. D. Too vague G6: Permissible
