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    PT Workshop Powerpoint Step by Step

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    Stacy Mustang
    This document provides guidance on organizing a performance test (PT) response. It discusses the main ways to structure a PT, including by issue, client question, argument, or law. It provides examples and tips for each organizational structure. The key steps for approaching a PT are outlined, such as reading the task memo, skimming the file and library, determining the organization, adding rules and case descriptions, and then writing the response. Organizing the response effectively is an important part of performing well on a PT.

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    PT Workshop Powerpoint Step by Step

    Uploaded by

    Stacy Mustang
    32 views24 pages
    This document provides guidance on organizing a performance test (PT) response. It discusses the main ways to structure a PT, including by issue, client question, argument, or law. It provides examples and tips for each organizational structure. The key steps for approaching a PT are outlined, such as reading the task memo, skimming the file and library, determining the organization, adding rules and case descriptions, and then writing the response. Organizing the response effectively is an important part of performing well on a PT.

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    This document provides guidance on organizing a performance test (PT) response. It discusses the main ways to structure a PT, including by issue, client question, argument, or law. It provides examples and tips for each organizational structure. The key steps for approaching a PT are outlined, such as reading the task memo, skimming the file and library, determining the organization, adding rules and case descriptions, and then writing the response. Organizing the response effectively is an important part of performing well on a PT.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    32 views24 pages

    PT Workshop Powerpoint Step by Step

    Uploaded by

    Stacy Mustang
    This document provides guidance on organizing a performance test (PT) response. It discusses the main ways to structure a PT, including by issue, client question, argument, or law. It provides examples and tips for each organizational structure. The key steps for approaching a PT are outlined, such as reading the task memo, skimming the file and library, determining the organization, adding rules and case descriptions, and then writing the response. Organizing the response effectively is an important part of performing well on a PT.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 24

    Performance Test Workshop

    PT Organizational Structure
    Main ways to organize your PT task(s)
    substance:

    • Task Memo provides details for organization (or


    directs you to a document that does)

    1. By issue
    2. By client question(s)
    3. By argument
    4. By law
    Organization by Issue
    Organize by issue when:

    • The Task Memo provides you with issues to


    address

    • There are clear issues raised by the File


    Organize by Client Question
    Organize by Client Question when:

    • The Task Memo explicitly or implicitly instructs


    you to do so

    • The Task Memo references another document


    in the File containing questions from the client

    Tip: Read the document referenced in the


    Task Memo next!
    Organize by Argument
    Organize by Argument if:

    • The Task Memo explicitly or implicitly instructs you to do


    so

    • The Task Memo instructs you to set forth your client’s


    best arguments

    • The Task Memo instructs you to respond to arguments


    made by opposing counsel

    • Tip: Seriously consider whether to organize by argument


    when writing a persuasive task
    Organize by Argument
    Examples:

    • Please prepare a letter to [opposing counsel] that persuasively


    explains that our clients should get their father’s entire estate
    because: (A) The bequest to Claude’s first wife Irene is no longer
    effective; and (B) The bequest to Maxine is invalid; and (C) The
    marriage to Maxine should be annulled because of Claude’s
    incapacity. [Gross v. Baker July 2007 PT-B]

    • Rettick has filed a motion in federal district court, with a


    supporting memorandum of points and authorities, asking the
    court to dismiss or stay our action for a permanent injunction.
    Please draft a memorandum of points and authorities in
    opposition to Rettick’s motion […] Present our best arguments,
    and rebut each of Rettick’s arguments, including any of his
    unsupported legal or factual assertions. [Rettick v. Floyd
    Industries Feb. 2010 PT-B]
    Organize by Argurment
    • Point headings should be persuasive
    statements

    • Statements (headings) should usually


    include the argument and facts specific to
    your case (from the File).
    • You may need to fill in those fact specifics
    later
    Organize by Law
    Organize by the law when:

    • The Task Memo explicitly or implicitly


    instructs you to do so

    • The Task Memo mentions specific


    cause(s) of action or defenses

    • The Task Memo instructs you to evaluate


    each element or statute
    Organize by Law
    Examples

    • Apply the facts to the elements and assess the likelihood


    that the plaintiff will prevail on the merits of the claim.

    • If we are to proceed to trial on this matter, do we have


    enough evidence to prove every element of each offense
    beyond a reasonable doubt?

    • Identify the factors the court will consider in deciding our


    motion to dismiss based on lack of personal jurisdiction
    over the defendant.
    Organize by Law
    • Step One: Determine what the cause(s) of action,
    defense(s), remedy(ies), or statutory claims are by
    reading the Task Memo, skimming the File, and/or
    reviewing the law in the Library

    • Step Two: Determine what elements or factors are


    needed to establish each applicable cause(s) of action,
    defense(s), remedy(ies), or statutory claim by reviewing
    the law in the Library

    • Step Three: Determine if any elements or factors break


    down into sub-elements or sub-factors by reviewing the
    law in the Library
    PT Approach
    1. Read and outline the Task Memo (and the Format
    Memo if there is one)
    2. Skim the File
    3. Skim the Library
    4. Determine the Organizational Set-Up
    5. Read the Library
    6. Add Rules and Case Descriptions whatffaf.infoIn Me t
    7. Read the File for Facts
    8. Write
    9. Proofread
    PT Approach: Read and Outline Task Memo

    1. Read & Outline the Task Memo (& Format Memo if


    there is one)
    • Identify your audience
    • Identify your client and position
    • Identify the task(s) and tone
    • Note any special instructions
    • Note any organizational information provided
    PT Approach: Skim the File

    2. Skim the File in 2 min


    if in P1format recommended toreadthefirstsentence
    ofeach Pt togetanidea
    PT Approach: Skim the Library

    3.Skim the Library


    I if case statutesrecommend to tocases
    go first
    tointhecase gotothe andstartto
    readfromthere
    thereason whyyoudonot
    wanttospendtimeonreading
    allthefacts inthecaseis
    b c thereasoninganalysisinthe
    casegivesyoutherelevant
    importantfacts
    PT Approach: Determine Organizational Set-Up

    4. Determine the Organizational Set-Up


    PT Approach: Read the Library

    5. Read the Library


    PT Approach: Read the Library
    • REMEMBER: Dates and courts matter because they reveal
    what is governing law and what is just persuasive

    • If there are only cases, the law will come from the cases

    • If there are cases and statutes, focus on the statute(s) that


    are discussed in the cases
    • If there are many statutes, you will select the relevant
    statutes to use in the task
    • The most relevant statutes are those addressed in the
    cases—so consider reading the cases first.
    PT Approach: Read the Library
    • Skim the cases
    • Do NOT start with the facts
    • Look for reference to any statutes or rules
    • Look for court’s reasoning regarding the rules
    • Highlight or underline rules, maybe summarize
    them in margin
    • Identify key precedent case facts (ask what
    facts the court applied reasoning to)
    PT Approach: Add Rules and
    Case Descriptions

    6. Add rules and case descriptions


    PT Approach: Add Rules and
    Case Descriptions
    6. Add Rules

    Match the rule and sub-rules (defines the major


    rule’s sub-part or element) from the Library to the
    relevant headings in the Analysis/Argument
    section of the PT.
    PT Approach: Add Rules and
    Case Descriptions
    6. Add Case Descriptions

    • Uses precedent to illustrate the rule or sub-rule


    with determinative facts to show the rule or sub
    sub-rule’s application.
    • Includes key facts, holding, reasoning, and
    (sometimes) policy
    • Add the rule proofs to the relevant headings in the
    Analysis/Argument section of the PT
    PT Approach: Add Rules and
    Case Descriptions
    • In [INSERT CASE NAME], [INSERT KEY FACTS]. The court held
    [INSERT HOLDING ON THE ISSUE], reasoning that [INSERT
    REASONING].

    • In Fisher, the defendant snatched a plate out of the plaintiff’s


    hand while simultaneously yelling a racial slue. The court held
    the defendant’s actions constituted an offensive contact to
    the plaintiff’s person, reasoning that the plate was an
    extension of the plaintiff’s body because it was so closely
    connected to him.
    PT Approach: Read the File
    for Facts

    7. Read the File for Facts


    nowyouwillknowwhatissuesyou
    PT Approach: Write

    8. Write

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