Multistate Performance Test (MPT) Fact Analysis, Investigation, and Transactional Tasks Syllabus

Name the principal formal discovery devices a discovery plan may use.

Interrogatories, requests for production of documents, requests for admission, depositions, and physical/mental examinations (and subpoenas to non-parties).

Which discovery device is best for obtaining documents from an opposing party?

A request for production of documents (and for non-parties, a subpoena duces tecum).

Which discovery device best locks in or narrows undisputed facts?

Requests for admission—they force a party to admit or deny specific facts, narrowing the issues actually in dispute for trial.

When is a deposition the right discovery tool over written discovery?

When you need spontaneous, follow-up testimony, to assess a witness's credibility/demeanor, to pin down a hostile witness, or to question non-parties under oath.

What organizing principle should a discovery plan follow?

Work backward from each element of the claim/defense to the facts needed, then assign the most efficient device to obtain each fact—tying every request to a purpose.

In a discovery plan, why specify the source for each piece of needed information?

Different sources require different tools (party vs. non-party, document vs. testimony), and identifying the source ensures you choose an enforceable, appropriate device for each fact.

What is the goal of witness interview planning?

To prepare focused questions that elicit all facts the witness knows relevant to the legal elements, fill gaps, test credibility, and uncover both helpful and harmful information.

What is the difference between open-ended and leading questions in witness interviews?

Open-ended questions invite narrative and surface unknown facts (best early in an interview); leading questions suggest the answer and are used to confirm or pin down specific points.

In planning a witness interview, why organize questions by topic or element?

Topic/element organization ensures full coverage of each legal issue, prevents omitting key facts, and lets you systematically connect testimony to what the case must prove.

What should witness examination planning include beyond the questions themselves?

The purpose of each line (what element it supports), anticipated answers, documents to show the witness, areas of likely weakness, and follow-up questions for harmful responses.

How does interviewing a friendly witness differ from a hostile one in planning?

Friendly: open-ended questions to develop a full helpful narrative. Hostile/adverse: tighter, leading, document-anchored questions to control the witness and limit harmful elaboration.

What is a fact investigation memorandum?

An internal document summarizing what is known, what facts are disputed or missing, the sources of facts, an assessment of evidence, and recommended next investigative steps.

What is the typical structure of an MPT fact investigation memo?

Heading/caption, introduction or issue statement, a statement of known facts (with sources), analysis of factual gaps and disputes, and recommendations/next steps—following the task memo's required format.

What tone and content distinguish an internal fact memo from a persuasive brief?

A fact memo is objective and candid—it honestly flags weaknesses, gaps, and unfavorable facts for the supervising attorney, rather than advocating one side.

In a fact investigation memo, how should unknown or unverified facts be treated?

They should be expressly identified as unknown/unverified, distinguished from established facts, and paired with a proposed step to obtain or confirm them.

What is the 'theory of the case'?

A coherent, persuasive account of the facts and law explaining why your client should win—integrating the legal elements with a believable factual story.

How should investigation steps be linked to the theory of the case?

Every investigative step should aim to confirm facts that support the theory or to test and neutralize facts that undercut it, so investigation is purposeful, not random.

Why must a theory of the case account for unfavorable facts?

A credible theory must explain or absorb harmful facts; ignoring them leaves the story vulnerable. Investigation should plan how to rebut, distinguish, or contextualize bad facts.

How does the theory of the case guide fact selection?

It tells you which facts are essential (those advancing the theory) and which are noise, focusing your chronology, memo, and discovery on facts that prove the winning story.

What are the essential elements of an enforceable contract that drafting must capture?

Offer, acceptance, consideration, mutual assent (definiteness of terms), capacity, and a lawful purpose—plus clearly stated obligations of each party.

What is the goal when drafting or revising a contract provision?

To state the parties' rights and obligations clearly, unambiguously, and completely so the provision is enforceable and accomplishes the client's objective without loopholes.

Name common contract clause types a drafter selects among.

Conditions/contingencies, representations and warranties, covenants (affirmative/negative), indemnification, termination, remedies/liquidated damages, dispute resolution, and force majeure.

What is the difference between a condition and a covenant in a contract?

A condition is an event that must occur before a duty arises (or that excuses performance); a covenant is a promise to do or refrain from doing something, whose breach gives rise to liability.

How should ambiguity be eliminated when revising a contract provision?

Define key terms, use consistent terminology, specify who must do what by when, avoid vague modifiers, and ensure the clause has only one reasonable interpretation.

What are the formal requirements typically needed for a valid will?

Testamentary capacity and intent, a writing, signature by the testator, and attestation by the required number of competent witnesses (commonly two)—per the governing statute in the Library.

What is the difference between a will and a trust as estate instruments?

A will directs distribution of property at death and takes effect only on death (through probate); a trust holds property managed by a trustee for beneficiaries and can operate during life and avoid probate.

What core provisions belong in a basic trust instrument?

Identification of settlor, trustee, and beneficiaries; the trust property (corpus); the trustee's powers and duties; distribution terms; and provisions for successor trustees and termination.

What is the purpose of a demand letter and what should it contain?

To formally assert a legal right and request specific action before litigation. It states the facts, the legal basis, the specific relief/deadline demanded, and the consequence of noncompliance.

What should a compliance document accomplish, and how does that shape its drafting?

It must show or require adherence to a legal/contractual obligation; drafting must precisely track the governing rule's requirements, state required actions and deadlines, and be verifiable.

When comparing and selecting among drafting options, what criteria govern the choice?

Choose the option that best achieves the client's objective, is enforceable under the governing law, minimizes the client's risk/ambiguity, and fits the facts—then justify the choice over rejected alternatives.