Performance Test Cheat Sheet

Use this if you aren’t sure where to start or want to maximize your PT/MPT score

Grade Weight: 14% (CA) / 20% (UBE)

One leg of the Tripod Approach

More important than non-MBE essays (except CA Prof Resp)

Timing: 90 mins/PT (180 total for UBE)

CA: Consider starting before Essays 4 & 5

UBE: Ensure endurance for 2 back-to-back MPTs

Your Edge: It’s a low-hanging fruit

Learnable, skill-based task

No memorization or pre-knowledge of rules required. Rule spotting, not rule memorization

Entirely predictable (stop obsessing over essay predictions)

Strategy

Quantity: Get reps in. Start with 1 PT every Tuesday or weekend (add as needed). Find practice exams here.

Early, regular practice > cramming when you’re already scrambling in the final weeks

Check rules and facts used against sample answers

Your time allocation for a 90-minute PT

Setup 40-50%

Write 50%

Buffer 10%

Start ~40 min 45 min 90 min

1. Read Instructions (Issues)

5 min

Determine task type
Identify the specific issues you must address
Note format requirements (client letter, closing arg, etc.)
Optional: Rip out instructions for reference

2. Read Library (Rules)

15-20 min

Highlight “big rules” (multi-element tests, key principles)
Note case outcomes: favorable or unfavorable to your client?
Mark 3-10 facts per case that jump out as relevant
Dog-ear pages with golden nuggets

3. Read File (Facts)

15-20 min

The Library becomes the lens: The rules you pulled inform the relevance of facts
Filter for the “hell yes!” facts that connect to the rules
Keep track of relevant facts by marking up the File. Examples:
- Use colored pens (blue = favorable facts; red = unfavorable)
- Annotate margins with quick reminders
- Dog-ear pages of interest

4. Draft Rough Outline

Concurrent with above steps

Shorthand only. The outline is just a planning tool.
For example: L# = page # of Library. F# = page # of File. (+) = favorable. (–) = unfavorable
- (+) Case Name (L2)
- (–) Case Name (L4)
- “Rule 1” pulled from case (L3)
- Facts that could apply (F9, F12, F13)

5. STOP OUTLINING at 45-min mark

Hard stop, non-negotiable

If you’re past the halfway point, move straight to writing
Better to write a complete sketch than an incomplete masterpiece
You can fill in details as you type

6. Write Your Answer (50-60% of time)

45-50 min

Fill in your outline with full IRAC paragraphs
Use your big issue headings + rule statements first
Then layer in facts and analysis underneath
Save 5-10 mins buffer time for review/fixes

Identify the task first: Who reads this, and what do they need from you: an honest assessment of both sides, or the strongest case for one? Do the Instructions prescribe a format? If yes, follow the Instructions over any skeleton below.

Reader

Supervising attorney

Goal

A balanced prediction of how each issue comes out

How to identify

The task memo asks for a memorandum to the supervising attorney. Look for verbs like “evaluate,” “analyze,” “assess,” or “advise me whether.” No court is the audience, and no side is to be argued.

Tone

Neutral and balanced. Present the strengths and weaknesses on both sides in a professional, concise voice.

Skeleton

Heading (To/From/Date/Re)
[Only if the Instructions ask] Question presented and brief answer
[Only if the Instructions ask] Statement of facts
One big heading per issue: rule(s) from Library (statute and/or case law), application to facts from File (arguments for both sides, analogizing and distinguishing the cases), conclusion on which side is likelier to prevail
Overall conclusion. It can favor the other side.

Watch for

Arguing only one side. Developing both sides provides objectivity.

Reader

Layperson client

Goal

Advise and inform in plain language

How to identify

The task memo asks you to write to the client. Look for “draft a letter to [client],” “advise the client,” or “explain to the client.” The reader is not a lawyer.

Tone

Plain, courteous, and direct. Explain legal terms or leave them out. Be candid about risks.

Skeleton

Letter format and salutation
Bottom line first
One short section per issue: rule in plain language, how it applies, strengths and weaknesses
Options and risks
Next steps and sign-off

Watch for

Legalese and heavy citations.

Reader

Judge

Goal

Win

How to identify

The task memo asks for a brief or persuasive memorandum addressed to a court. Look for “brief,” “argue,” “persuade,” or “in support of” a position. You represent one party.

Tone

One-sided and confident. Argue for your client only, and address the other side’s argument to knock it down. Respectful toward the court.

Skeleton

Caption or title per the Instructions
Favorable but accurate facts (if asked)
Argument headings written as conclusions (“X because Y”)
Under each heading: rule, application, then rebut the opponent’s best point and distinguish their cases
Conclusion and relief requested

Watch for

Arguing against your own client.

Reader

Judge

Goal

Win the motion

How to identify

The task memo asks for a motion, or a brief in support of or in opposition to one (for example, summary judgment, dismissal, or a new trial). Check the Library for the standard that governs the motion.

Tone

One-sided and confident, as in a persuasive brief. Formal and respectful toward the court.

Skeleton

Caption or title per the Instructions
State the standard for the motion from the Library
Favorable but accurate facts (if asked)
Argument headings written as conclusions (“X because Y”), element by element
Under each heading: rule, application, then rebut the opponent’s best point and distinguish their cases
Conclusion and relief requested

Watch for

Skipping the standard for the motion.

Reader

Jury (or judge)

Goal

Persuade with the evidence

How to identify

The task memo asks for a closing argument or closing statement. Look for those words and for testimony or exhibits in the File.

Tone

One-sided and confident. Speak to the jury in plain, spoken language, and build around a theme.

Skeleton

Theme
Burden of proof
Element by element, tying testimony and exhibits to each element
Address the other side’s best points
Ask for the verdict

Watch for

Case-law-heavy writing. Use a spoken tone, lead with the facts from the record, and keep citations light.

Reader

Whoever the Instructions name

Examples

Statement of facts, contract provision, will, settlement proposal, counseling plan, discovery plan, witness examination plan

How to identify

The task memo asks you to prepare a document or plan rather than analyze a question. Look for “draft a [provision/will/statement of facts],” “prepare a discovery plan,” or “propose a settlement.” The task memo or an attached memo may list the required contents or format.

Tone

Follow the Instructions. Formal and precise for legal documents such as contracts and wills. Neutral and organized for plans.

Approach

Follow the format in the Instructions
Pull the requirements from the Library (formalities, elements, or standards)
Use File facts to satisfy each requirement
Check your draft against each requirement

Watch for

Writing an essay when the Instructions ask for a document.

Before you open the PT:

Set Word to Web Layout (continuous workspace)

Prepare pen(s) in different colors for facts vs. rules

Prepare highlighter for “big rules”

As you read the Library:

Highlight general principles that could apply broadly

Mark whether each case helps or hurts your side

Note case outcomes (ruling for/against parties, affirmed/reversed)

Underline only the most relevant facts from each case

As you read the File:

Distinguish favorable vs. unfavorable facts (e.g., use different pen colors to mark)

Only mark facts that directly connect to rules you pulled

Dog-ear pages; don’t rely on finding it again later

Creating your rough outline:

List case names with +/- to show if they help or hurt

Jot location codes (L2, F9, etc.) for quick reference

3-10 bullet points per case, no full sentences

Before you type your first paragraph:

Write big issue headings (from the assignment or rules)

Write smaller sub-issue headings (from rule elements)

Note the likely conclusion for each issue (if obvious)

For each IRAC paragraph:

Rule and analysis in separate paragraphs (never jumbled together)

Underline case names and statute citations for easy signaling to grader

Wrap rule statements in quotation marks (or paraphrase)

Say “Here…” or “In the present case…” to introduce fact analysis

Analogize: “Like [Case], [facts match]…”

Distinguish (if objective memo): “Unlike [Case], [facts differ]…”

Conclude by resolving the issue

Formatting and presentation:

Clear heading hierarchy (bold/italic/underline)

Paragraph breaks between rule and analysis

No “ping pong” (unless doing objective memo counterarguments)

Answer reads like work product for a real boss/client/judge. Know your audience based on the Instructions

IRAC elements tested: PTs test R + A primarily. Don’t agonize over I and C; they flow naturally from the Instructions and your analysis. Spend your energy on pulling useful rules and applying them thoroughly to facts.

I (Issue)

State the legal question (objective) or argument (subjective). Examples: “Whether the contract is enforceable under Columbia law.” “The State has met its burden of establishing that the Defendant is guilty of second-degree murder.”

R (Rule)

Quote or paraphrase the relevant law from the Library. Examples: “Per [Case], [rule statement in quotes].” “[Rule statement]. [Case]. “According to [Case], [paraphrase of rule].” Separate paragraph from analysis. If multi-element rule, state all elements clearly.

A (Analysis / Application)

Apply the rule to your facts. “In the present case, [fact] analogizes to [Case fact], where [rule applied and outcome].” For objective memos, address counterargument: “[Opposing side] may argue [counterarg]. However, unlike [Case], [distinction]. Therefore, [your conclusion prevails].”

C (Conclusion)

Resolve the issue in 1-2 sentences. “Therefore, [issue heading] is likely [ruling] because [summary].”

Task and format:

Did I answer every task in the Instructions?

Did I use the right format and tone for the reader?

Did I stay in role (balanced for objective, one-sided for persuasive)?

Rules:

Did I pull the rules the model answer pulled?

Did I state each rule with all its elements?

Facts and analysis:

Did I use the key facts the model answer used?

Did I tie each fact to a rule element?

Did I address counterarguments where required?

Time and presentation:

Did I stop outlining at the 45-min mark?

Did I finish every heading?

Are headings clear, party names consistent, and typos fixed?

Pick your top 2 misses and fix them on the next PT.

Top 3 mistakes (and how to avoid them)

Running out of time on writing: Stop outlining at the 45-min mark no matter what. “Complete sketch” is better than incomplete masterpiece.
Highlighting everything: Filter ruthlessly. Only mark facts that make you think “hell yes, this applies.” Keep the “maybe relevant” stuff in mind as context.
Writing a memo when you should write a brief (or vice versa): Read the instructions first. Objective = balanced, both sides. Persuasive = argument for your side only, address other side’s argument.

Want the full 45+ page Performance Test Toolkit with step-by-step details on the strategy, including templates and examples for each task type?

The full PT guide is included only with:

Magicsheets (condensed outlines)
Approsheets (issue checklists and flowcharts for essays)
Passer’s Playbook (tools and techniques for effective bar prep)