Multistate Performance Test
From Wikipedia, the free encyclopedia
The Multistate Performance Test (MPT) is a written examination administered as a part of the bar examination in 33 jurisdictions[1] of the United States. Generally, a performance test is intended to mimic a real-life legal task that future lawyers may face. Of the three parts of most states' bar exams — Multistate Bar Examination (MBE), essay, and PT — the PT is probably the most reflective of how well a candidate will perform outside of an academic setting.
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[edit] About the examination
The MPT is developed by the National Conference of Bar Examiners (NCBE), the body that also develops the MBE, Multistate Essay Examination (MEE), and Multistate Professional Responsibility Examination (MPRE).[2] The NCBE summarizes the goal of the MPT as follows:[3]
| “ | The MPT is not a test of substantive knowledge. Rather, it is designed to examine six fundamental skills lawyers are expected to demonstrate regardless of the area of law in which the skills arise. The MPT requires applicants to (1) sort detailed factual materials and separate relevant from irrelevant facts; (2) analyze statutory, case, and administrative materials for principles of law; (3) apply the law to the relevant facts in a manner likely to resolve a client's problem; (4) identify and resolve ethical dilemmas, when present; (5) communicate effectively in writing; (6) complete a lawyering task within time constraints. | ” |
The required tasks may include writing a legal memorandum, drafting an affidavit, or drafting a settlement offer letter to opposing counsel.
Each test includes what NCBE calls a "File" and a "Library". The File contains source documents detailing all facts of the case, plus a memorandum from a supervising attorney detailing the task required. The File will include relevant and irrelevant facts, and often facts may be ambiguous, incomplete, or contradctory. The Library includes cases, statutes, regulations, and rules, which may or may not be relevant, but are sufficient to complete the required task.[4]
The tests are actually drafted by an NCBE committee with expertise in developing performance tests. After initial drafting, the questions are pretested, analyzed by outside experts, reviewed by boards of bar examiners in the jurisdictions that use the test, and then revised by the drafting committee in accordance with the results of this process. Each individual test is accompanied by a grading guide, and the NCBE sponsors a grading workshop on the weekend following the bar exam whose results are provided to bar examiners.[3]
[edit] Administration
The MPT is always administered on a single day of the bar examination, specifically the day before the MBE. This means that it is administered on the same day as the MEE. Jurisdictions are provided two separate MPT tests, each designed to require 90 minutes in all, and may choose to require examinees to work one or both tests.[2]
Because of this scheduling fact, the MPT is more often than not administered alongside the MEE, an essay test developed by the NCBE and used in 19 U.S. jurisdictions.[5] While a substantial number of jurisdictions use the MPT without using the MEE, the only jurisdiction that uses the MEE without also using the MPT is Kentucky.[6]
Bar examinations in the United States may also include state-specific essay questions on a second or even third day.
[edit] See also
[edit] Notes and references
- ^ Jurisdictions Using the MPT in 2007. National Conference of Bar Examiners. Retrieved on 2007-04-30.
- ^ a b The Multistate Performance Test (MPT). National Conference of Bar Examiners. Retrieved on 2007-04-30.
- ^ a b Why NCBE Developed the MPT. National Conference of Bar Examiners. Retrieved on 2007-04-30.
- ^ Description of the MPT. National Conference of Bar Examiners. Retrieved on 2007-04-30.
- ^ Jurisdictions Using the MEE in 2007. National Conference of Bar Examiners. Retrieved on 2007-04-30.
- ^ Comprehensive Guide to Bar Admission Requirements 2007 (PDF) p. 21. National Conference of Bar Examiners & American Bar Association Section of Legal Education and Admissions to the Bar. Retrieved on 2007-04-30.
