Performance Test Skills
Performance Test Skills tests whether you can produce a lawyer-like document from a closed file and library under time pressure. Common tasks are an objective memorandum, a persuasive brief, a client letter, or a set of findings. The exam rewards issue spotting, accurate rule use, and fact application, not outside knowledge.
Core method
- Read the task memo first to identify the audience, format, and question. Then read the file for facts and the library for authorities.
- Outline using CREAC or IRAC: conclusion, rule, explanation, application, conclusion. Use headings that track the task.
- Cite the provided authorities by name; quote sparingly; apply the facts to each element.
- Watch time and leave room to proofread the document.
Worked example
The task asks for a memo to a partner on whether a client can enforce an oral settlement. The file contains emails showing agreement on price and a disputed delivery date; the library contains ORCP 47 and contract cases. The memo should state the standard, explain that an enforceable contract needs assent and consideration, apply the emails to those elements, and address the statute of frauds. Reasoning: use only the supplied law, tie every fact to an element, and recommend a next step.
Traps
Do not write a generic essay; do not ignore the file facts; do not cite outside cases; do not bury the conclusion; do not run out of time before the format is complete.