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25 Cards in this Set
- Front
- Back
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What are the 5 skills tested on the MPT?
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Legal analysis and reasoning
Fact gathering Fact analysis Problem solving Resolving ethical dilemnas |
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What is the abbreviated legal memorandum format used on the MPT?
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(A.) Heading
(B.) Introduction; (C.) Discussion; (D.) Conclusion. |
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When the supervising attorney memo tells you to do two things in your memo, you should...
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...divide your Discussion into those two main parts.
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What section of the memo should we write first?
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The whole discussion section. Leave the first page and the last page blank, then go back and fill in the Heading and the Introduction on the first page and add the Conclusion at the end.
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What goes at the very top of a memo?
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Almost at the top of the first page you should put in all capital letters, centered, printed, and underlined: MEMORANDUM.
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What should the heading of a memo look like?
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Flush with the lefthand margin you will list the recipient's name, the writer's name, the subject, and the date:
To: Pat Partner From: Candidate Re: Charles Client - Arbitration of Securities Claims Date: February 28, 2012 |
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The Introduction to your memorandum will say...
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...what the partner memo asked you to do, and it will report that you have done it.
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The Conclusion will restate...
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...your conclusions and argument in one or two sentences.
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The six main things that the bar examiners say they are looking for in a candidate's memo.
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(a) powerful topic headings,
(b) persuasive writing, (c) argument from supportive law, (d) distinction of--or attack against--unfavorable law, (e) skillful use of the facts, and (f) careful use of the memo format. |
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Parts of a trial brief/appellate brief
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Statement of the facts
Argument |
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7 types of persuasive legal analysis and reasoning assignments.
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(1) Memo of points and authorities (brief in support of a motion)
(2) Trial brief (3) Appellate brief (4) Memo to judge (5) Theory of the case memorandum (6) Letter to opposing attorney (7) Position paper (ex: persuasive letter to an agency) |
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The two types of OBJECTIVE legal analysis and reasoning assignments.
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(1) Memorandum of law
(2) Client letter |
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The three most common fact analysis tasks.
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Opening statement
Closing argument Affidavits |
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6 parts of an effective opening statement.
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Intro - state your theme
The law Body of the argument Story of what happened Deal with counter-arguments Conclusion/damages |
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5 parts of a strong closing argument.
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1. Reestablish your theme and theory.
2. State again what you promised to show them. 3. Argue. Talk about each thing you proved, and explain how you proved it. 4. Attack the opposition’s argument. 5. End with a strong message about why this case is important and why they should rule in your favor. |
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Three types of alternatives for the client in a problem solving MPT question/sub part.
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(1) Litigation
(2) Alternative dispute resolution: mediation & arbitration (3) Non-legal options |
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Where an ethical dilemma is a SIGNIFICANT issue, there will be...
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...law in the library.
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If there is a competence or conflict of interest issue, your response will need to identify the alternatives, which are:
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(1) Withdraw
(2) Disclose (to client) and obtain informed consent (association or give me time to learn) (3) Seek advice from another attorney |
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The first 15 minutes of answering an MPT question consist of...
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(1) Read general instructions on the back cover
(2) Read the task memo, starting with the second to last paragraph. Outline the TM if necessary (3) Read the instruction sheet if there is one |
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The second 15 minutes of answering an MPT question consist of...
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(4) Read the library and outline their law, (not law you know). Cases should be read first, beginning with earlier cases.
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The third 15 minutes of answering an MPT question should consist of...
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(5) Read the case file & add it to your outline
(6) Review, amend, and expand your outline (7) Re-read the requirement of the task memo (or problem) (8) Write your answer |
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"Draft my closing argument to the jury" would indicate what type of question?
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Fact analysis
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A task memo that tells you to "extract and list the client's goals" and explain the consequences of each goal in language they can understand" indicates what type of question?
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Problem solving
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A task memo that refers to rules of professional conduct would probably indicate what type of question?
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Ethical dilemma
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A task memo that asks you to draft a statement "as to how we can obtain the evidence needed" would probably indicate what type of question?
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Fact gathering
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