MPT

Question 1

What are the parts of the MPT?

Answer 1

1. Instructions
2. File (Task memo, format memo, facts)
3. Library (Legal authorities)

Question 2

What are the five regularly tested MPTs?

(Plus two bonus ones)

Answer 2

1. Memo to senior attorney
2. Brief
3. Opinion letter to client
4. Letter to opposing counsel
5. Case planning memo
   (6. Closing argument)
   (7. Complaint)

Question 3

What are the two principal skills tested by the MPT?

Answer 3

1. Legal analysis (ID controlling legal rules and apply them to the case with analysis)
2. Factual analysis (Distinguish relevant from irrelevant facts in the File and determine whether additional facts are needed)

Question 4

What are the important notes on good organization?

Answer 4

1. Organize according to the task memo
2. Strictly follow the formatting memo
3. Use IRAC or CRIAC for analysis
4. Use headings, sub-headings, topic sentences, and focused paragraphs to guide the reader

Question 5

How long is the MPT? What should your time breakdown look like?

Answer 5

90 minutes total. 45 minutes for review of materials and 45 minutes for document drafting.

Question 6

What is the general skill tested by Factual Analysis?

Answer 6

Tests your ability to work with the facts in the file, distinguish important from irrelevant ones, and arrange them.

Question 7

What are the two types of factual analysis tasks?

Answer 7

1. Fact sorting (ID relevant facts in the file)
2. Fact gathering (Determine what futher investigation is needed)

Question 8

What are the steps in a fact sorting analysis?

Answer 8

1. Read the library to ID the elements or factors of a claim or defense
2. Sort through the file to ID which facts support each of the elements or factors

Question 9

1. In a fact gathering analysis, what is generally provided to you in the file?
2. What do you need to spit out?

Answer 9

1. File will generally allude to people, physical evidence, or documents from whih relevant info might be obtained.
2. ID sources and indicate what information you might gather from them.

Question 10

What is the Memo to a Senior Attorney?

Answer 10

A memo from a junior attorney assessing:

1. The strengths and weaknesses of the case, AND/OR
2. The evidence available to establish the case.

Question 11

What is the basic format for a memo to a senior atty? (3 elements)

Answer 11

1. Heading
2. Intro paragraph
3. Body of memo

Question 12

What should the heading look like in a memo to sr atty?

Answer 12

Memorandum

To: (Dewey Cheatum), Senior Attorney

From: Applicant

Re: (The Matter at Hand)

Date: February 23, 2016

[Except when task is to draft a memo to be sent by Sr. Atty…]

Question 13

What goes in the intro paragrah of a memo to a sr atty?

Answer 13

1. Summarize the purpose of the Memo (Re-state the Qs presented), AND
2. Set out an organization/outline for the Memo (the “road map”) (Itemize the issues raised by the Qs and explain how you will address them)

Question 14

What goes in the body of a memo to st atty?

Answer 14

1. Follow the format in the task memo (e.g., If there are three bulleted Qs/tasks in the task memo, then your body should have three parts as well)
2. Only outline the key facts of the case IF ASKED

Question 15

What is the special structure of a memo to sr atty when regarding a contract?

Answer 15

Some MPTs want you to revise a contract and explain, so:

1. After the memo heading, draft an intro paragraph that briefly explains the assignment; and
2. For each provision of the K, provide a heading for that section and two sub-headings (one for the redrafted language and one for the explanation); and
3. End with a one-line paragraph stating that you believe the changes relfect the client’s wishes and comply with law.

Question 16

What is a Case Planning Memo?

Answer 16

A highly structured document prepared before trial by a junior atty for a senior atty that evaluates claims, defenses, and/or remedies by:

1. Citing to legal authority;
2. Listing the elements of the claim; and
3. Listing supporting evidence under each element.

Question 17

What is the basic format of the case planning memo?

Answer 17

1. Heading (same as for memo to sr atty)

Memorandum

To: (Dewey Cheatum), Senior Attorney

From: Applicant

Re: (The Matter at Hand)

Date: February 23, 2016

2. Body (no intro para needed; separate headings for each claim/defense/remedy; list each element and facts supporting each claim/defense/remedy)

Question 18

What legal skill is tested by a case planning memo?

Answer 18

Fact sorting, not legal analysis

Question 19

What are the three steps in preparing a case planning memo?

Answer 19

1. Read the task memo, which will tell you what claims, defenses, or remedies to assess;
2. Read the library to ID the elements of the claim; AND
3. Read the file for supporting evidence to prove each of the elements.

Question 20

What are the four types of MPT that may require legal analysis?

Answer 20

1. Memo to Sr. Atty;
2. Brief;
3. Letter to client; AND
4. Letter to opposing counsel

(Look for cue words like “analyze an issue,” “make the best argument using the law and the facts,” etc.)

Question 21

What is the suggested format for a legal analysis question?

Answer 21

CRACC (with descriptive text)

1. Conclusion (statement)
2. Rule (“In Case Name, X was liable when…”)
3. Application (“Applying the rule to this case,…”)
4. Case comparisons (“Unlike/Like in Case Name, here…”)
5. Conclusion (“Therefore…”)

Question 22

What is an Opinion Letter to Client?

Answer 22

A letter to the firm’s client from a Sr. Attorney providing advice

Question 23

What is the format for an opinion letter to client?

Answer 23

1. Salutation (“Dear Mr. X…”)
2. Short intro (short explanation for why you’re writing the letter; begin with 1-2 sentences saying that you’re responding to client’s inquiry)
3. Body (for EACH Q presented, write a 1-2 sentence intro statement, a 1 sentence answer, and a separate analysis for EACH ISSUE raised by the Q)
4. Concluding paragraph (“Please feel free to contact me if you wish to discuss this matter further.”)
5. Signature line (“Very truly yours, X”)

Question 24

What is a Brief?

Answer 24

A document submitted by an attorney on behalf of his client, preenting a persuasive legal argument in his client’s favor

Question 25

What is the format for a Brief?

Answer 25

1. Heading (“Brief in Support of Motion to Quash” OR “Petitioner’s Appellate Brief”)
2. Statement of facts (Heading entitled “Statement of Facts,” followed by summary of facts or direction to read the Statement of Stipulated Facts if provided)
3. Argument (Heading entitled “Argument” followed by subsections for each issue)
4. Conclusion (Heading entitled “Conclusion” followed by statement of the relief requested)

(Recently, ONLY asked to write Argument)

Question 26

What is a Letter to Opposing Counsel?

Answer 26

Letter from one attorney to another re: legal dispute between their clients, where you argue persuasively for your client’s position

Question 27

What is the format for a letter to opposing counsel?

Answer 27

1. Salutation (“Dear Mr. Smith”)
2. Thesis (Short paragraph outlining position and summarizing conclusions on the issues: “I am writing to summarize our position that my client, C, is entitled to [relief requested]. I am conficent that I will convince the court that [list conlusions based on analysis of issues]…”)
3. Body (Analyze each issue separately, delineated by shorted, numbered headings, according to the order in the task memo!)
4. Conclusion (Restate client’s entitlement to relief)
5. Signature line (“Very truly yours, A”)

Question 28

What is a Closing Argument?

Answer 28

Persuasive argument delivered to a jury at the closing of trial

Question 29

What is the format for a closing argument?

Answer 29

1. Intro (Introduce yourself and state the relief sought)
2. Argument section (Plain English argument using materials from the library to set our legal principles; state your roadmap of what needs to be proven; cover each element separately and state that your client has satisfied the element by X, Y, Z)
3. Conclusion (Reassert that you’ve proven the case and jury should find in client’s favor)

Question 30

What is a Complaint?

Answer 30

Pleading served by P at the commencement of a civil suit setting out factual allegations needed to establish the claim

Question 31

What is the format for a complaint?

Answer 31

When drafting allegations,

1. Begin with a heading ID-ing the claim, e.g., “Cause of Action for Breach of Contract”;
2. Beneath the heading, have numbered paragraphs, one for each element of the claim;
3. Each para should allege facts and show that the element is satisfied;
4. (If more than one claim, put a heading for each)

(Allegations are “bare bones”; don’t write more than 1-2 sentences for each element)

Question 32

What’s the 6-part strategy for writing an MPT?

Answer 32

1. Skim the instructions (1 min.)
2. Review the Task Memo (4 min.)
3. Read the Library, taking notes, and extracting relevant legal principles (20 min.)

(GOAL: Leave the Library behind!)

4. Read the File, taking notes, extracting relevant facts, and matching those facts to the elements of the case! (20 min.)
5. Review the Task Memo to ensure your notes address all the requirements (2 min.)
6. Write your response (40 min.)

[3 minutes leftover for review!]