Multistate Performance Test Skills
Multistate Performance Test Skills
The MPT tests lawyering rather than doctrine: two 90-minute tasks in a closed universe of a File and a Library. You must produce the requested document, such as a memo, letter, brief, or contract provision, using only the supplied authorities and facts. Graders score legal analysis, fact analysis, problem solving, organization, and written communication.
Reading the task
- Read the instructions first. Note the document type, audience, tone (objective or persuasive), and required sections.
- In the Library, identify the controlling rule and any conflicting or distinguishing authority.
- In the File, mark facts that satisfy or defeat each element. Note missing facts and reasonable inferences.
Writing
- Use headings that track the elements or the instructions.
- State the rule, apply it to specific facts, then conclude.
- Cite library authorities by name. Never cite outside law.
- For persuasive tasks, frame facts favorably but do not misstate them.
Worked example
The task asks for an office memo on whether a noncompete is enforceable. The Library contains a statute requiring a protectable interest and a case upholding a 12-month restriction. In the File, the employee had access to pricing data. The protectable-interest element is met by confidential information, and the 12-month duration matches the upheld case. The conclusion is likely enforceable, with a caveat about consideration.
Traps
- Writing a legal encyclopedia instead of answering the question.
- Ignoring adverse facts in the File.
- Missing formatting instructions such as a letter to the client.
- Outlining for too long and leaving no time to write.