The Smart Guide to the MPT

A Guide to Mastering the Multistate Performance Test (MPT)

Chapter
12

MPT Template: How to Format a
Persuasive Brief / Memorandum

What You’ll Learn:

  • Format & Structure of a Persuasive Brief… with MPT Template
  • Tips for Drafting a Persuasive Brief
  • Sample Sections of a Persuasive Brief MPT Assignment
  • Format & Structure of a Persuasive Memorandum… with MPT Template

Structure of a Persuasive Brief

On the MPT, a Persuasive Brief typically has the following structure:

  1. Case Caption (you are typically instructed to omit this) – For the top formatting, use a Case Caption format (e.g. Court, Names of Parties).
  2. Document Title – The title of your Brief (e.g. Defendant’s Brief in Support of Motion to Transfer).
  3. Statement of the Case (you are typically instructed to omit this) – Instead of a typical introduction, you are sometimes asked to include a Statement of the Case. This is a short one-paragraph statement of the:  (i) parties, (ii) nature of the case, (iii) matter or issue in dispute, (iv) case posture, and (v) relief requested.
  4. Statement of Facts (do not include unless instructed) – A short statement of the relevant facts presented in the best light for the client.
  5. Legal Argument – The persuasive arguments on how the law and facts support the client’s position.
  6. Conclusion – A short conclusion of (i) your argument for each legal issue, and (ii) the requested relief.

How to Format a Persuasive Brief

Below is a template of the Persuasive Brief format.

For a PDF version of the Persuasive Brief Format template click here.

NOTE:  Remember to ALWAYS follow the Task Memorandum & Drafting Instructions… and carefully check what sections to include or omit.  As an example, the instructions will often tell you to “draft the argument section of the brief.”  In that case, you would only draft the Legal Argument and Conclusion sections (not the Case Caption, Statement of the Case, and Statement of Facts sections).  Don’t make any assumptions about the instructions, as you don’t waste time drafting an “omitted” section or conversely not include a required section.


MPT TIP
Tips for Drafting a Persuasive Brief

Here is a quick checklist of tips to keep in mind when drafting a Persuasive Brief:

  • Write in a persuasive tone.
  • Present facts in the best possible light for the client… and DON’T ignore negative facts.
  • Follow the instructions on what sections to include or omit.
  • Write persuasive, compelling, and carefully crafted point headings.
  • Don’t make conclusory statements as arguments… instead each argument should analyze applicable legal authority and persuasively argue how both the facts and the law support the client’s position.
  • DON’T prepare a table of contents, a table of cases, or an index (unless instructed otherwise).
  • Emphasize supporting legal authority, and distinguish unfavorable legal authority.

 

For a more detailed explanation of the tips above, see Chapter 10 of this guide.

Sample Sections – Persuasive Brief

Case Caption EXAMPLE:
[For the top formatting, use a Case Caption format (e.g. Court, Names of Parties).]

State of Franklin
District Court of Oak County

In the Matter of the Petition of
Don and Frances Loden
For Guardianship and Temporary Custody of
Will Fox, a minor (DOB 1/3/03)

Document Title EXAMPLE:
[The title of your Brief (e.g. Defendant’s Brief in Support of Motion to Transfer).]

Brief in Support of the Motion to Transfer Case to Blackhawk Tribal Court

Statement of the Case EXAMPLE:
[A short one-paragraph statement of the: (i) parties, (ii) nature of the case, (iii) matter or issue in dispute, (iv) case posture, and (v) relief requested.]

STATEMENT OF THE CASE

The Petitioners, Don and Frances Loden (the “Lodens”), have filed a Petition for Guardianship and Temporary Placement of Will Fox (“WF”), a minor Indian child, due to the incapacity of WF’s only living parent, his father. The Movant, Betty Fox (“Fox”), has filed a motion to transfer the petition to the Blackhawk Tribal Court, under the Indian Child Welfare Act (“ICWA”) to determine guardianship and placement, and has filed her own Petition for Guardianship in the Tribal Court. The Lodens object to the transfer, and ask the Court to deny Fox’s motion.


MPT DRAFTING TIP
How to Draft a Statement of the Case.

Generally, when told to include a Statement of the Case, you should write a short one paragraph statement of:

  1. the parties,
  2. the nature of the case (e.g. complaint for declaratory relief),
  3. the matter or issue in dispute (e.g. lack of jurisdiction),
  4. the posture of the case, when needed (e.g. discovery is completed), and
  5. the client’s requested relief (e.g. grant the motion to dismiss).

(See, February 2013 MPT-2 [In re Guardianship of Will Fox], File, Guidelines for Drafting Persuasive Briefs, at ¶ 2).

Note:  ALWAYS follow the instructions on your MPT, as they may differ for any exam.

Legal Argument EXAMPLE:
[The persuasive arguments on how the law and facts support the client’s position.]

ARGUMENT

I. ICWA applies to Ms. Fox’s Motion to Transfer because WF is an “Indian Child”, Ms. Fox is an “Indian custodian,” and because the Lodens seek a “foster care placement” under the statutory definitions.

Under ICWA, a State court proceeding for the “foster care placement” of an “Indian child” not currently residing or domiciled within the reservation of the child’s tribe shall be transferred to the jurisdiction of the Tribe upon petition of the “Indian custodian” and absent objection of either parent, or “good cause” against such transfer, in a “foster care placement” case.

A. “Indian Child” and “Indian Custodian” Defined

ICWA defines an “Indian child” as any minor person who is, as is relevant here, a member of an Indian tribe. The letter from the ICWA Director states that WF is a member of the tribe, and he is 10 years old. Accordingly, WF is an “Indian child” covered under ICWA.

….

II. The Lodens cannot show good cause against transfer because the distance between the Blackhawk Reservation and Melville is not so great as to cause undue hardship to the parties and witnesses.

The law creates a presumption that an action for foster care placement of an Indian child shall be transferred in the absence of good cause to the contrary, and absent the objection of either parent, on the petition of the parent of the Indian custodian or the Indian child’s tribe (Section 1911). The burden to show good cause not to transfer is on the party opposing the transfer (Guidelines). In this case, WF is an “Indian child,” Ms. Fox is his “Indian custodian,” and the Lodens have filed a “foster care placement” action, and so the presumption applies here.

WF’s father is incapacitated, and WF’s mother is deceased, and so they cannot object to the transfer.

….

Conclusion EXAMPLE:
[A short conclusion of (i) your argument for each legal issue, and (ii) the requested relief.]

CONCLUSION

For the reasons stated above, the District Court of Oak County should order removal of the Petition For Guardianship and Temporary Custody of Will Fox to the Blackhawk Tribal Court as proper pursuant to ICWA requirements.

How to Format a Persuasive Memorandum

On the MPT, a Persuasive Memorandum is similar to a Persuasive Brief… except you need to:  

  1. use a Memo Caption for the top formatting (instead of a case caption); and
  2. include an Introduction (instead of a Statement of the Case).

Below is a template of the typical Persuasive Memorandum format.

For a PDF version of the Persuasive Memo Format template click here.

For a Persuasive Memorandum, apply the same Tips as a Persuasive Brief (see above).

NOTE:  Sometimes you will be asked to draft a Persuasive Memorandum or Brief in a “letter” format.44  For those MPT’s, draft the assignment the same way you would for a typical Persuasive Brief or Memorandum assignment, except use top & bottom formatting for a letter (see Chapters 13 & 14 of this guide).

Smart Guide to the MPT

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44See, July 2005 MPT-2 (In re Brigham), Task Memorandum, at ¶ 2-3. See also, July 2000 MPT-1 (March v. Betts), Task Memorandum, at ¶ 2-3.