MPT flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

MPT File

The packet of case-specific materials in a performance test: client documents, correspondence, transcripts, contracts, and internal memos. It supplies the facts the finished document must use and cite.

MPT Library

The packet of legal authorities supplied with a performance test, such as statutes, regulations, court rules, and cases. It supplies the governing law, not the facts.

Assigning memo controls format

The partner's memo or instruction specifies the deliverable type, recipient, and required contents. Following it exactly is a threshold scoring criterion; deviation loses points regardless of writing quality.

Read File before Library

Sequence that lets facts drive authority selection. Reading the Library first tends to produce generic rule statements disconnected from the client's actual situation.

No invented facts

Every fact stated in the deliverable must appear in the File. Adding plausible details not in the record is an accuracy error graders penalize.

Handle conflicting facts

When File documents disagree, the writer should identify the conflict, explain which version is better supported, and state how the discrepancy affects the legal conclusion.

Objective analysis structure

Rule, application, counterargument, conclusion. Each element must be present; a conclusion without applied facts earns little credit even if the rule is correct.

Distinguish adverse authority

Persuasive documents must confront unfavorable cases or rules appearing in the Library, explain why they differ, and argue why the client's result should still follow.

Client letter tone

Client-facing documents translate legal terms into plain language, explain practical consequences and next steps, and avoid citations the client cannot use.

Office memo headings

Internal memos typically use Question Presented, Brief Answer, Statement of Facts, Analysis, and Conclusion. Headings signal organization and help graders locate required elements quickly.

Question presented format

A one-sentence formulation naming the legal issue, the governing rule source, and the key facts, usually framed as whether a result follows under the law.

Brief answer

A short predictive paragraph at the top of an office memo stating the likely outcome and the principal reason, written before the full analysis.

Statement of facts

A memo section reciting only File-supported facts, organized chronologically or topically, with legally significant facts emphasized and adverse facts disclosed.

Synthesize multiple authorities

When the Library contains a statute plus cases interpreting it, state the rule drawn from all sources together rather than summarizing each source separately in sequence.

Apply rule to facts

The analytical step connecting each element of the legal rule to specific File facts, ideally element by element, so the reader can see exactly which facts satisfy which requirement.

Time allocation on MPT

Roughly 45 minutes reading and outlining and 45 minutes writing is a common split; sustained writing time is necessary because unfinished documents score poorly.

Draft contract provision

A performance task deliverable creating contract language: define parties, obligations, conditions, and remedies in operative terms, using File facts to fill in names, dates, and amounts.

Draft will clause

A deliverable creating testamentary language: identify testator, beneficiaries, property, and any conditions, matching the client's stated intent in the File and applicable statutory formalities.

Demand letter elements

A persuasive client-advocate document stating the facts, the legal basis for liability, the specific demand, and a deadline, while addressing the strongest anticipated defense.

Persuasive versus objective

Persuasive documents advocate a result and address counterarguments to defeat them; objective documents predict outcomes and present both sides with balanced weight.

Cite Library authorities

Reference the supplied statute, rule, or case by the identifier given in the Library. Citations need not follow a formal style manual but must clearly point to the source.

Follow supplied rule text

When the Library provides a statute or regulation, quote or track its exact language and elements rather than substituting remembered general law.

Identify missing information

Where the File lacks a fact needed for the analysis, state the assumption or flag the gap in the document rather than fabricating a value.

Organize by issue

Structure analysis under separate headings for each legal issue or rule element, so each required issue receives visible treatment and no element is silently dropped.

Element-by-element checklist

Before writing, list each element of the governing rule and mark which File facts satisfy or undermine it; the list becomes the outline of the analysis section.

Use File document names

Refer to File materials by their actual titles or labels (e.g., the March 3 email, the police report) so the reader can locate the factual support.

Avoid law review prose

Performance test writing should be direct and concise; long theoretical discussions of policy consume time and earn little credit compared with applied analysis.

Client interview notes

File documents recording what the client said. They supply facts but may be incomplete or self-serving; corroborate against other File documents before relying on them.

Statute of limitations check

A recurring Library issue: compute the deadline from the triggering date in the File and state whether the claim is timely before analyzing the merits.

Formatting the deliverable

Match the requested document's conventions: memo headings, letter salutation and signature block, or numbered contract sections. Correct form signals task comprehension.

Unfavorable facts disclosure

Objective documents must include facts that hurt the client's position and explain their effect; omitting them produces a misleading and lower-scoring analysis.

Conclusion must be definite

State a clear predicted outcome or recommendation. Hedged non-conclusions such as further analysis is needed fail the task's purpose unless the File genuinely supports no answer.

Proofread for names and dates

Errors in party names, dollar amounts, or dates drawn from the File suggest careless reading and undermine credibility; verify each against the source document before finishing.