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The Smart Guide to the MPT
A Guide to Mastering the Multistate Performance Test (MPT)
Chapter
15
How to Format the Other “Uncommon”
MPT Tasks
What You’ll Learn:
- How to Format the Other “Uncommon” MPT Tasks
- The Uncommon MPT Assignments tested to date… with easy reference chart
How to Format the Other Uncommon MPT Drafting Tasks
Every once in a while, the MPT has asked examinees to draft what we call an “uncommon” task. Although, these are new or rarely tested tasks, there’s no reason to worry about them.
In the past, anytime an “uncommon” Task was tested, it ALWAYS included clear formatting and drafting instructions (including templates or samples).46 This is so all examinees will be on a level playing field for the exam.
However, you do not want to be caught off guard if such a Task shows up on your exam, especially if it has been tested before.
That’s why we suggest reviewing the Task Memorandum and Drafting Guidelines Memo for every “uncommon” MPT Task tested to date. Each will provide you with the past formatting, so you’ll be more prepared and can get comfortable working with different types of assignments.
Below you will find a chart of the “uncommon” MPT assignments:
| “Uncommon” MPT Task | MPT Exam | MPT Name |
| Draft Agreement/Contract47 | July 2018 (MPT-2) | Rugby Owners & Players Association |
| Draft Agreement/Contract48 | July 2013 (MPT-2) | Palindrome Recording Contract |
| Draft Agreement/Contract49 | July 2011 (MPT-1) | In re Field Hogs, Inc. |
| Draft Causes of Action50 | July 2008 (MPT-2) | Williams v. A-1 Automotive Center |
| Draft Closing Argument51 | Feb. 2020 (MPT-2) | In re Eli Doran |
| Draft Closing Argument52 | Feb. 2011 (MPT-1) | Butler v. Hill |
| Draft Closing Argument53 | Feb. 2002 (MPT-3) | Whitford v. Newberry Middle School District |
| Draft Findings of Fact & Conclusions of Law54 | Feb. 2017 (MPT-2) | In re Guardianship of King |
| Draft Interrogatories55 | July 2000 (MPT-2) | Pauling v. Del-Rey Wood Products Co. |
| Draft Will56 | July 2002 (MPT-2) | In re Al Merton |
| Draft Will57 | July 1999 (MPT-3) | In re Emily Dunn |
| Early Dispute Resolution (EDR) Statement58 | Feb. 2010 (MPT-2) | Logan v. Rios |
| Objective “Bench Memorandum”59 | July 2012 (MPT-1) | State of Franklin v. Soper |
| Persuasive “Leave Behind” Memorandum60 | Feb. 2012 (MPT-1) | Franklin Resale Royalties Legislation |
| Persuasive “Mediation Statement” in a Letter Format61 | July 2000 (MPT-1) | March v. Betts |
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46For example, on the February 2017 MPT-2, examinees were asked to draft “Findings of Fact & Conclusions of Law” for the first time. In the File, the examiners provided a separate two-page memo with the law firm’s “guidelines on drafting proposed Findings of Fact and Conclusions of Law.” This document included clear drafting instructions, and even good and bad examples on how draft the assignment. See, February 2017 MPT-2 (In re Guardianship of Henry King), Office Memorandum re: “Preparation of proposed Findings of Fact and Conclusions of Law.”
47July 2018 (MPT-2): Re-draft Articles of Association for Joint Venture + Explain Reasoning.
48July 2013 (MPT-2): Re-draft Provisions of a Rock Band’s Recording Contract + Explain Reasoning/Complications.
49July 2011 (MPT-1): Re-draft Arbitration Clause + Draft Objective Memorandum.
50July 2008 (MPT-2): Draft Causes of Action for Fraud + Draft Objective Memorandum.
51Feb. 2020 (MPT-2): Draft “Written” Closing Argument to the Court (persuasive assignment).
52Feb. 2011 (MPT-1): Persuasive Closing Argument + Draft Objective Memorandum.
53Feb. 2002 (MPT-3): Draft Closing Argument to the Court with a Persuasive & Compelling Presentation.
54Feb. 2017 (MPT-2): Instructions state to draft assignment in a persuasive way, but without being explicitly argumentative.
55July 2000 (MPT-2): Draft Interrogatories + Short Explanation of How Each Will Serve Intended Purpose.
56July 2002 (MPT-2): Draft Will Provisions + Explain Reasoning.
57July 1999 (MPT-3): Draft Will Provisions + Explain Reasoning.
58Feb. 2010 (MPT-2): Early Dispute Resolution (EDR) Statement to EDR Judge. Instructions stated to candidly discuss the strengths & weaknesses of the case. This MPT is included in the “Objective Memorandum” category.
59July 2012 (MPT-1): Objective Bench Memorandum. This MPT is included in the “Objective Memorandum” category.
60Feb. 2012 (MPT-1): Persuasive “Leave-Behind” Document. This MPT is included in the “Persuasive Memorandum” category.
61July 2000 (MPT-1): Persuasive “Mediation Statement” in a letter format. This MPT is included in the “Persuasive Letter” category.
47July 2018 (MPT-2): Re-draft Articles of Association for Joint Venture + Explain Reasoning.
48July 2013 (MPT-2): Re-draft Provisions of a Rock Band’s Recording Contract + Explain Reasoning/Complications.
49July 2011 (MPT-1): Re-draft Arbitration Clause + Draft Objective Memorandum.
50July 2008 (MPT-2): Draft Causes of Action for Fraud + Draft Objective Memorandum.
51Feb. 2020 (MPT-2): Draft “Written” Closing Argument to the Court (persuasive assignment).
52Feb. 2011 (MPT-1): Persuasive Closing Argument + Draft Objective Memorandum.
53Feb. 2002 (MPT-3): Draft Closing Argument to the Court with a Persuasive & Compelling Presentation.
54Feb. 2017 (MPT-2): Instructions state to draft assignment in a persuasive way, but without being explicitly argumentative.
55July 2000 (MPT-2): Draft Interrogatories + Short Explanation of How Each Will Serve Intended Purpose.
56July 2002 (MPT-2): Draft Will Provisions + Explain Reasoning.
57July 1999 (MPT-3): Draft Will Provisions + Explain Reasoning.
58Feb. 2010 (MPT-2): Early Dispute Resolution (EDR) Statement to EDR Judge. Instructions stated to candidly discuss the strengths & weaknesses of the case. This MPT is included in the “Objective Memorandum” category.
59July 2012 (MPT-1): Objective Bench Memorandum. This MPT is included in the “Objective Memorandum” category.
60Feb. 2012 (MPT-1): Persuasive “Leave-Behind” Document. This MPT is included in the “Persuasive Memorandum” category.
61July 2000 (MPT-1): Persuasive “Mediation Statement” in a letter format. This MPT is included in the “Persuasive Letter” category.