Multistate Performance Test (MPT)
Domain 3 - Multistate Performance Test (MPT)
The MPT is a skills test, not a knowledge test: three hours for two 90-minute tasks. Each task gives a File (facts, correspondence, transcripts, documents) and a Library (cases, statutes, regulations). You may not use outside law; the answer must rest on the File and Library. The exam tests legal analysis and reasoning, factual analysis, communication, organization and drafting, and problem solving. The deliverable may be an objective memorandum, persuasive brief, client or opinion letter, contract or lease provision, will, demand letter, or discovery request. The task memorandum names your role, audience, and the questions to answer.
Approach
- Read the task memorandum first and note the deliverable and every question.
- Read the File, extracting facts, inconsistencies, and gaps.
- Read the Library, stating the controlling rule and distinguishing cases.
- Outline headings that mirror the task; draft; then proofread.
Worked example
A task memo asks for an objective memo on whether a client injured in a store fall can recover. The Library contains a statute requiring actual or constructive notice and a case applying a "mode of operation" theory. The File shows no prior complaints and no recurring spill. The statute controls; constructive notice requires a condition that existed long enough to be discovered, and the mode-of-operation case is distinguishable because it involved a recurring hazard. Conclusion: recovery is unlikely on these facts, and further discovery on the store's inspection log is warranted.
Traps
Importing outside law. Writing a case brief rather than the requested document. Ignoring the audience (client versus court). Failing to cite Library materials. Mismatching the required format. Reading too long and drafting too little, or leaving a question in the memo unanswered.