Performance Test

Crystal Morgan Esq.

CBX
Licensed in California &
Federally in Colorado How to Think Like a Lawyer
Crystal@LALawInstitute.org
Jan@LALawInstitute.org
Brandi@LALawInstitute.org
Learning Goals
Tonight we will:
1. Discuss what is being tested – Why the CPT?
2. Look at different approaches – determine which one to use
3. Work through the step-by-step process
4. Use color-coded notes for guided / specific / targeted writing

Tools you will need for this method:

5. Gel highlighters (6 color pack)
6. Colored paperclips
7. Ear plugs (can buy at firearm supply)
8. Analog watch
9. Clear plastic baggie to carry your tools
10.Also allowed cash, ID, credit cards, medication
11. External mouse, keyboard, computer stand, book stand, foot rest, pillow
12.But no water, snacks, cell phones, electronics (watch), cough drops…
 Table of Contents
01 02
Why the CPT? Approach
What is being tested? What type of writing
What is the purpose? Formatting

03 04
Step-by-Step w/Color- Color-Code System - Write
Code System How to keep track of
What to do w/the File important facts, law,
elements… While we
What to do w/the Library write 2 to 2.5 pages
 01
Why the CPT?
What is Being Tested?
Legal Analysis / Fact Analysis

-Issue Spotting

-Finding Relevant Facts

-Match Client Facts to Library

-Developing and Criticizing Legal Arguments

What is the Purpose of the CPT?

Ethical Issues
Time Management
Written Communication
Ability to Follow Directions

Think Like a Lawyer!

Instructions
Closed Universe Test
-Check - not always the case!

90 Minutes – 45/45
-15 Facts
-15 Library
-15 outline

Use IRAC
-Headings
-While following format
-memo – letter – etc
Instructions – Feb 2019
1. This performance test is designed to evaluate your ability to handle a select number
of legal authorities in the context of a factual problem involving a client.
2. What Jurisdiction
3. We have a File & Library
4. What is the File & The first document is a memorandum containing the instructions
for the tasks you are to complete.
5. What is the Library – Note – If the cases appear familiar to you, do not assume that
they are precisely the same as you have read before.
6. You should concentrate on the materials provided, but you should also bring to bear
on the problem your general knowledge of the law. What you have learned in law school
and elsewhere provides the general background for analyzing the problem; the File and
Library provide the specific materials with which you must work.
7. 90 minutes – suggest 45/45
8. Your response will be graded on its compliance with instructions and on its
content, thoroughness, and organization
02
Approach
 Possible Topics

-Letter to Supervisor -Memo -Brief

(most common) -Will
-Discovery Plan
-Letter to Client -Contract Provision
-Witness Examination
-Counseling Plan Plan -Discovery Plan
-Settlement Agreement -Closing Argument -Statement of Facts

Feb 2019:
Brief
 Templates
Letters Memo

Brief

Will Contracts
Styles of Writing
Client, Family, Firm
A B Objective
Everyone Else
Persuasive
Objective Writing Persuasive Writing
-Neutral -Show why you’re right

-Analize both sides -Accent Positive / Diminish Negative Facts & Law
(strong facts or law first – make a nice sandwich)
-IRAC (in letter or memo)
-Solve the Client’s Issue (Do not fib / add facts)

-CRAC
Always think of audience!
-Headings – What you want (Step 4)
03
Step-by-Step
w/Color Code
System
 Step 1

-Know what is being asked of you

Read the Memo -Start Outline
from Supervisor -Clues in the Memo – Read a few times

-Top of Outline
-Any Issues Memo gives Aramaic
-Leave Space – will con’t to fill in
To Applicant – From DA’s Office (where we work)

Our office recently sought forfeiture of a $45,000 cash bond posted to release Henry
Raymond, a criminal defendant, because he did not appear for the trial. At the forfeiture
hearing, Oscar Raymond, the surety, raised arguments why the bond should be
exonerated -- in other words, returned to the surety -- despite the non-appearance.
Oscar Raymond is the son of the defendant Henry Raymond.

The trial court offered each side the opportunity to brief the court concerning the issues.
Please draft a Brief In Support of Forfeiture of the Bond demonstrating why forfeiture is
appropriate and why exoneration is not justified.
Step 2
Read the Facts:
-Fact heavy v Law heavy
Outline
-Different docs
Brief In Support of Forfeiture
-Green Clips / of the Bond demonstrating why
Highlight forfeiture is appropriate and why
exoneration is not justified.
-Red Clips / Highlight
-Subheading from Library?
-Facts – pg 5 / 7
-Subheading
-Facts – pg 10 / 13
 Color Code

01 02 03

The Good The Bad The Neutral but

Important Details
-Green Facts -Red (Pink) Facts -Yellow Facts
-Purple Law -Orange Law -Blue Law
 Step 3
Read the Outline
Library Find What
Law
Matches
Facts
Mini-Brief
What is the Issue
Test on pg 5 under
Is it the same as our Issue
Heading
What Rule / Test was
used? Look for similar / dis-
similar facts
Step 4
-Review the File
-Review the Memo
-Follow your Outline and Write!

Note:
-Step 1 – Memo
-Step 2 – Glance at Facts
-Step 3 – Read Library
-Step 4 – Read Facts
-Step 5 – Review Memo
-Step 6 – Write
04
Color-Code
System – Use
While Writing
 Outline
Finalize Headings
Please draft a Brief In Support of Forfeiture of the Bond demonstrating why forfeiture
is appropriate and why exoneration is not justified.

What are we writing – Brief – think – Persuasive / Objective – Who is my audience –

What is my role – We have Facts and Law to use (and must use all of it but not all)

Answer the Question

-The State… Brief… What you are filing (in support – against) (Heading)
-Intro paragraph – it is a pleading – a Brief (follow this format)

-Facts / Background (Heading)

-Show the graders you know what are relevant / not relevant facts
-What did the Def do?
-Make a nice sandwich and smash bad facts between good
-Look for the color clips that match the highlights
 Outline Con’t

Procedural History
-Discuss the Library and what precedent says about this issue

-May need subheadings

-The bond should be forfeited b/c (relevant fact – they did this action) and
-This Case from the Library says this action, which is similar, results in this

-Discuss Arguments in Hierarchy

-Case Law – Statues – Procedure
-Strongest Argument First

Conclusion – Sum up the question and ask the Court what you want
-Wherefore – sign as Counsel for the State – Play the role to the end and finish.
 Thank you! Any Questions?

Crystal Morgan Esq.

Licensed in California &
Federally in Colorado

Crystal@LALawInstitute.org
Jan@LALawInstitute.org
Brandi@LALawInstitute.org