Multistate Performance Test (MPT) Legal Analysis and Reading Authority in a Closed Universe Flashcards

24 sample cards from the Legal Analysis and Reading Authority in a Closed Universe deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. How do you use effective dates and applicability provisions to decide whether a statute governs your client's facts?

   Compare the dates and circumstances of the client's relevant events to the statute's effective date and applicability scope. If the events fall outside that window or category, the statute does not apply and prior or alternative law governs.

2. What is the presumption regarding retroactive application of statutes?

   Statutes are presumed to apply prospectively only; they do not apply retroactively to past conduct unless the legislature clearly expresses an intent for retroactive effect.

3. What is "binding" (mandatory) authority?

   Authority a court must follow: typically constitutions and statutes of the controlling jurisdiction, and decisions of higher courts within the same jurisdiction over the deciding court.

4. What is "persuasive" authority?

   Authority a court may consider but is not obligated to follow—e.g., decisions from other jurisdictions, lower or coordinate courts, dicta, secondary sources, and trial-level opinions. Its weight depends on reasoning, source, and similarity.

5. Within a single jurisdiction's court system, which decisions bind a trial court?

   Decisions of the appellate courts above it in that jurisdiction—especially the highest court, then the intermediate appellate court with authority over that trial court. Decisions of coordinate trial courts are only persuasive.

6. Is a decision from a sister-state's highest court binding?

   No. Out-of-jurisdiction decisions, even from another state's highest court, are persuasive only. They do not bind courts of a different jurisdiction, though they may be influential.

7. How do you identify the "controlling jurisdiction" in an MPT problem?

   Read the task memo and file to determine where the matter is venued (the named state/jurisdiction of the firm and court). Apply that jurisdiction's statutes and the decisions of its courts as binding; treat other jurisdictions' law as persuasive.

8. What is the significance of the fictional jurisdiction names (e.g., "State of Franklin") in MPT materials?

   They signal which authorities are binding. Cases and statutes labeled as the home jurisdiction (e.g., Franklin) control; those from other fictional states (e.g., Columbia, Olympia) are persuasive only.

9. When a statute and a case appear to conflict, which generally prevails?

   A valid statute prevails over conflicting common law, because legislatures can abrogate or modify judge-made law. However, courts interpret the statute, and a constitutional rule overrides an unconstitutional statute.

10. How do you reconcile a statute with case law that interprets or predates it?

    Cases decided after the statute that interpret it are authoritative gloss on the statute and should be applied together with the text. Cases predating the statute survive only to the extent the statute did not change that area; where the statute speaks, it controls.

11. What is the role of case law that interprets an ambiguous statutory term?

    Such cases are binding authority on the term's meaning (if from the controlling jurisdiction) and must be used to define and apply the statute. You analyze the facts under the statute as construed by those cases.

12. Why does the recency and currency of an authority matter?

    More recent authority may have overruled, modified, or refined older rules. Current law controls; relying on superseded authority risks applying an outdated or abrogated rule, so newer controlling decisions take precedence over older ones.

13. In a closed-universe problem, how do you assess which authority is the most current?

    Compare the dates of the provided cases and statutes, note any case that expressly overrules or distinguishes an earlier one, and check statutory effective/amendment dates—then rely on the latest controlling pronouncement on each point.

14. If an older case conflicts with a newer case from the same higher court, which controls?

    The newer decision controls, as the later opinion from the same court reflects the court's current and authoritative view, implicitly or expressly superseding the earlier inconsistent holding.

15. What is "element-by-element application" of a legal standard?

    A method in which each required element of a rule is analyzed in turn against the facts—stating the element, the relevant facts, and a conclusion for that element—before reaching an overall conclusion on the claim.

16. Why is element-by-element analysis preferred for multi-element claims?

    It ensures every required element is addressed, exposes which element is dispositive (e.g., the one not met), organizes the analysis clearly, and prevents skipping a requirement that could defeat the claim.

17. In an element-by-element analysis, what do you conclude if one required element is not satisfied?

    The entire claim fails (for conjunctive elements), because all elements must be met. You should identify that element as dispositive and explain why the facts fall short, even if other elements are satisfied.

18. What is a "factor-based" or "balancing" test?

    A standard in which no single factor is dispositive; the court weighs a list of relevant factors together to reach a conclusion. The outcome depends on the totality and relative weight of the factors rather than satisfying fixed elements.

19. How does applying a balancing test differ from applying an element test?

    In an element test every element must be met or the claim fails; in a balancing test you weigh factors against each other, and a strong showing on some factors can outweigh weakness on others. The conclusion turns on the overall balance, not a checklist.

20. How should you structure analysis under a multi-factor balancing test?

    Address each factor with the supporting and opposing facts, indicate how strongly it cuts each way, then weigh the factors collectively to reach a reasoned overall conclusion—acknowledging factors that favor the other side.

21. What is "analogical reasoning" in legal analysis?

    Reasoning by comparison: arguing that because your client's facts are materially similar to a precedent's facts, the precedent's outcome should apply; or that because the facts materially differ, the outcome should not apply (distinguishing).

22. What are the steps of a sound analogy to a precedent?

    State the precedent's rule and material facts and its outcome, identify the specific factual similarities between the precedent and your case, explain why those similarities are legally significant, and conclude that the same result should follow.

23. What does it mean to "distinguish" a case, and how is it done?

    To show a precedent should not control because its material facts differ from yours in a legally significant way. You identify the key factual differences and explain why those differences justify a different outcome under the same rule.

24. How do you identify "gaps and assumptions" in the record of a closed-universe problem?

    Compare the elements/factors the law requires against the facts actually provided; any required fact that is missing, unclear, or merely assumed is a gap. Flag it, note the assumption needed, and explain how it affects the analysis or what further facts are needed.

What this deck covers

Legal Analysis and Reading Authority in a Closed Universe flashcards FAQ