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Law School & the Bar ExamLaw School & the Bar Exam

Multistate Performance Test

Content & Format� 2 90-minute closed-universe essays

� Day One of the Hawaii bar (PM)

� Variety of forms: memo, brief, demand letter, contract provision, jury instructions, settlement proposal, etc.provision, jury instructions, settlement proposal, etc.

� Does not test content knowledge, only writing and analysis

Multistate Performance Test

Content & FormatEach MPT includes three key things:

� File

� Assignment memo and sometimes a format guide

Factual documents� Factual documents

� Library

� Legal authority relevant (or not) to the issue.

Hawaii Bar ExamRELATIVE WEIGHT OF SECTIONS

� MBE- 50%

� Tests: Civil Pro, Con Law, Contracts, Crim, Evidence, Property, TortsProperty, Torts

� MEE- 33% (5.5% each for 6 essays)

� Tests: Agency, Civil Pro, Conflicts, Con Law, Contracts, Corporate, Crim, Estates, Evidence, Family, Property, Secured, Torts, Trusts

� MPT- 11% (5.5% each for 2 essays)

� Tests- Writing & Analysis

� Ethics- 5.5%

Multistate Performance TestThe MPT is largely a test of your ability to follow

directions.

� Read the assignment memo and format guide carefully before reviewing other material.before reviewing other material.

� Identify and write down: form, purpose and audience.

� Outline thoroughly before drafting.

FRE RulesFRE 804(b)(2)Dying Declaration

In a prosecution for homicide or in a civil case, a statement that the declarant, while believing the declarant’s death to be imminent, made about its declarant’s death to be imminent, made about its cause or circumstances.

FRE 803(2) Excited Utterance

A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.

Confrontation Clause (Crawford)Testimonial statements by witnesses who are not subject to cross-examination at trial may not be admitted unless the witness is (1) unavailable and (2) there has been a prior opportunity for cross-examination.opportunity for cross-examination.

Statements are nontestimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency.

Statements are testimonial when the circumstances objectively indicate that there is no such ongoing emergency, and that the primary purpose of the interrogation is to establish or prove past facts potentially relevant to later criminal prosecution.

Multistate Performance TestThe MPT is not as time pressured as the MEE.

However, you must still (1) go fast and (2) allocate your time wisely

� Read legal material in the Library before factual � Read legal material in the Library before factual material in the File.

� Take notes while reading the law in the Library (copy rules you know you will use?) and the facts in the File.

� Set deadlines for prewriting and covering each issue.

� It is essential that you submit a complete (if not finished) assignment.

Directional Challenges� Complex Structure

� Beware the Statement of Facts!

� Persuasive Writing

Specific Audience� Specific Audience

� What Additional Facts? What Source?

� Connect Provisions to Assignment Objectives

� Unfamiliar Formats

� Explicit Conclusions

Studying & Preparing for the

Multistate Performance Test� Schedule periodic MPT practices throughout your bar

study period, and DO THEM!� No one likes practicing the MPT,

� Taking the MPT is time consuming,� Taking the MPT is time consuming,

� Assessing your own MPT is challenging,

� But, the only way to improve your prewriting, organization, clarity, concision, and speed is to write practice essays,

� And not having studied enough yet is never an excuse with the MPTs…you can start doing them during Law School; you can start doing them today!

Assessing Your Own Progress on

the MPTWhat to assess:

1. Fidelity to the question and the directions

2. Organizational template

3. IRAC 3. IRAC

4. Organization, style, and syntax

5. Pacing

How to assess:� Individually with model answers and a rubric

� Through commercial providers

� With a partner or group

lskillin@hawaii.edu

956-3000

Appointments always available by request

Thank You.