Performance Exam

An examinee might be required to write one of the following on a MPT question:

Objective Memo (Always)

Pleadings

Complaint

Answer

Motion

To Dismiss

Summary Judgment

To Exclude

Writing to Parties

Contract

Correspondence

Advice or Opinion Letter

Demand Letter

• Other

  • a memorandum to a supervising attorney;

  • a letter to a client;

  • a persuasive memorandum or brief;

  • a statement of facts;

  • a contract provision;

  • a will;

  • a counseling plan;

  • a proposal for settlement;

  • an agreement;

  • a discovery plan;

  • a witness examination plan;

  • a closing argument.

To prepare for the performance exam you must know the purpose of each of the different writings, the structure or form of the writing, the minimum components of the writing and the legal standard (if any) to be used. During the bar review you should not only practice writing performance exam, but you should memorize a "cheat" sheet that includes the previous.