Performance Test Cheat Sheet

Interactive tabs and checklists for bar takers who are not sure where to start and want to maximize their 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)

Consider starting before Essays 4 & 5 in CA

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

Your Edge: It’s a low-hanging fruit

Learnable, skill-based task

No memorization or pre-knowledge of rules required

Strategy

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

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%

0:00 ~40 min 45 min 90 min

1. Read Instructions

5 min

Determine: objective memo or persuasive brief?
Identify the specific issues you must address
Note format requirements (client letter, closing arg, etc.)
Optional: Rip out instructions for reference

2. Read Library (shorter material first)

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 (longer material second)

15-20 min

The Library becomes the lens. Principles inform the relevance of facts.
Filter for only the “hell yes!” facts that connect to 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 2 & 3

(+) Case Name (L2, example location marker in Library)
“Rule 1” pulled from case (L3)
Facts that could apply (F9, F12, F13)
Shorthand only. This is a planning tool, not a final product.

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

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

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].”

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.

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” beats 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 30+ page Performance Test Toolkit with step-by-step details on the strategy? 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)