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