Multistate Performance Test
What the exam tests
The Multistate Performance Test tests lawyering skills, not substantive law recall. Each 90-minute task gives a File (facts, correspondence, pleadings) and a Library (cases, statutes, regulations). You must produce a professional document: a memorandum, brief, client letter, contract provision, will, or closing argument.
Core rules
- Read the task memo first. It dictates the audience, format, tone, and issues. Underline instructions such as “draft only the analysis section” or “cite to the Library.”
- Extract facts from the File. Build a fact chronology and note ambiguities. Do not import outside law; the Library is the universe of authority.
- Use the Library efficiently. Read the holding and reasoning of each case; synthesize rules; distinguish adverse authority. Quote sparingly and cite by name or section.
- Apply law to facts. Use headings that track the task. Explain why each fact matters. Address counterarguments and conclude.
- Format and cite. Follow the requested document style. Use clear topic sentences, short paragraphs, and accurate citations to the provided materials.
Worked example
A task asks for an office memo analyzing whether a client’s noncompete is enforceable. The Library contains a statute requiring reasonable time, geography, and scope, plus two cases. The File shows a two-year restriction across the entire state for a delivery driver. Under the statute, the statewide restriction is likely overbroad because the driver’s route is local; the memo should apply the factors, cite the cases, and recommend narrowing the covenant.
Traps
Do not write an academic essay; follow the document format. Do not ignore the task memo’s limited scope. Do not copy Library language without application. Do not miss facts that change the analysis. Do not run out of time by over-researching.