Objective Memorandum

Scope

This file covers the objective (office) memorandum as an MPT task type: what it asks the examinee to do, its conventional structure, how NCBE's released point sheets describe grading, and the 90-minute closed-universe constraints that govern every MPT task. It does not cover the other MPT task types (persuasive briefs, client letters, wills, contracts, and similar) beyond noting that they exist, and it does not cover NJ-specific MPT administration logistics.

Legal Explanation

What the MPT is (NCBE/national). The Multistate Performance Test is developed by NCBE and administered by user jurisdictions as part of the bar examination [S1]. It consists of two 90-minute items, each built from two self-contained sets of materials: a File and a Library [S1]. The File consists of source documents containing all the facts of the case — the first document in the File is a memorandum containing the instructions for the task, written by a supervising attorney — and the File might also include transcripts of interviews, depositions, hearings or trials, pleadings, correspondence, client documents, contracts, newspaper articles, medical records, police reports, or lawyer's notes [S1][S3]. The File deliberately includes relevant and irrelevant facts alike, and the facts are sometimes ambiguous, incomplete, or even conflicting [S2]. The Library contains the legal authorities needed to complete the task — cases, statutes, regulations, or rules — some of which may not be relevant [S2]. The MPT is not a test of substantive law: the Library materials provide sufficient substantive information to complete the task [S2]. The exam is set in the fictitious state of Franklin in the fictitious Fifteenth Circuit, and Library cases "may be real, modified, or written solely for the purpose of this examination," so examinees are told to read them thoroughly as if they were all new [S3]. NCBE's instructions advise allocating approximately half of the 90 minutes to reading and digesting the materials and organizing the answer before beginning to write [S3].

What an objective memorandum asks for (NCBE/national). NCBE lists "a memorandum to a supervising attorney" first among the MPT's lawyering tasks, which also include a letter to a client, a persuasive memorandum or brief, a statement of facts, a contract provision, a will, a counseling plan, a proposal for settlement or agreement, a discovery plan, a witness examination plan, and a closing argument [S2]. The objective memorandum — the same task type commonly called an "office memorandum" in legal-writing practice — is the analytical, non-advocacy end of that range: the examinee analyzes a legal question for the supervising attorney and predicts how the question would be resolved, discussing the competing considerations rather than arguing for one side. The persuasive memorandum or brief is listed as a separate, distinct task, which confirms that advocacy is not part of the objective memorandum [S2]. The released materials show the pattern: February 2017 MPT-1 (In re Ace Chemical) instructed examinees, "Please prepare a memorandum to me analyzing whether any potential conflicts of interest are raised by these three circumstances," and, for each conflict found, to identify the action needed to comply with the rules [S4]. The corresponding point sheet describes the examinee's job as mastering the facts, mastering the relevant law, and applying that law to the facts to determine whether a conflict exists and whether the firm is disqualified or can take remedial steps [S4].

Structure (NCBE/national format, with the task memo in control). The released task memorandum uses a standard heading block — To / From / Date / Re — followed by the assignment [S4]. The conventional internal organization of an objective office memorandum — a Question Presented (or Issues), a Brief Answer, a Statement of Facts, a Discussion that explains the rules and applies them to the facts, and a Conclusion — is standard legal-writing practice. NCBE's instructions do not mandate those section headings; the response is graded on responsiveness to the task instructions and on the content, thoroughness, and organization of the work product [S3]. The task memo controls the format: the February 2017 task expressly told examinees, "Do not draft a separate statement of facts, but be sure to integrate the relevant facts into your analysis" [S4]. The released point sheet confirms what the graders look for: it opens with a "Format and Overview" section and then walks issue by issue through the governing rule and its application to the specific facts [S4].

How the point sheets grade it (NCBE/national). NCBE's MPT point sheets describe the factual and legal points encompassed within the lawyering tasks, and NCBE publishes them for free alongside released MPTs from past administrations [S4]. For an objective memorandum, the released point sheet shows that grading centers on (1) accurate identification of the legal question posed, (2) correct statement of the governing rules drawn from the Library, (3) application of those rules to the relevant facts, and (4) a conclusion that answers the question the task memo posed [S4]. The MPT instructions state that the test "will be graded on your responsiveness to the instructions regarding the task you are to complete, which are given to you in the first memorandum in the File, and on the content, thoroughness, and organization of your response" [S3].

The 90-minute closed-universe constraint (NCBE/national). Each MPT item runs 90 minutes, and the File and Library are the entire universe of case-specific materials: examinees are told to concentrate on the File and Library, with law school learning serving only as general background [S1][S2][S3]. Because both the File and the Library contain irrelevant material, a core tested skill is sorting the relevant facts and authorities from the irrelevant ones [S2].

New Jersey context (NJ-specific). New Jersey administers the Uniform Bar Examination, with a minimum passing score of 266, so New Jersey candidates take the MPT as part of the UBE [S5]. The MPT's weight is national: the MPT is 20% of the UBE total score, which is reported on a 400-point scale (MBE 50%, MEE 30%, MPT 20%) [S6].

Currency note (NCBE/national). Between July 2026 and July 2028, most jurisdictions will transition from the MBE, MEE, and MPT to the NextGen UBE [S2].

ELI-10: Explain It Like I'm 10

[HYPOTHETICAL — NOT A REAL CASE] Your big sister captains her school's robotics team, and the team might let a new kid, Alex, join before the regional tournament. The captain doesn't know Alex well, so she hands you a folder and a rulebook and says: "Write me a report. Don't campaign for Alex and don't campaign against Alex. Just read everything in this folder, check the league rules, and tell me what you think will actually happen — whether Alex will qualify for the tournament — and what risks we're taking either way. I'll make the final call."

The folder has Alex's report cards, the coach's practice notes, a few emails, and one rumor that may or may not be true — some of it matters and some of it is junk, and the captain didn't label which is which. The rulebook has the league's eligibility rules, but a couple of its pages are about parking, not players. You can't look anything up online — you have to work with exactly what's in the folder and the rulebook. You write the report with a "here's the question" up top, a short "here's my bottom line," the facts, and a long middle part where you walk through each eligibility rule and check it against what's in Alex's folder — saying what supports Alex and what cuts against Alex. You end with your prediction and the reasons for it.

Translating back to the real rule: you just wrote an objective memorandum — the folder is the MPT "File," the rulebook is the "Library," your sister is the supervising attorney, and your "here's my bottom line" is the brief answer [S1][S2][S3]. The report is neutral and predictive rather than a sales pitch, because persuasive advocacy is a separate MPT task type [S2]. And being stuck with only the folder and rulebook for 90 minutes is the closed-universe constraint that defines every MPT item [S1][S2].

Real Case Reference (if applicable)

No published judicial decision squarely addresses the objective memorandum as an MPT task type — the MPT is an exam instrument defined by NCBE's published materials, not litigated doctrine. The governing authority is NCBE's own published description of the MPT and its lawyering tasks [S1][S2], the instructions examinees receive with each MPT [S3], and the released MPTs and point sheets NCBE publishes, which show the objective memorandum in actual use [S4].

Key Takeaways

• The MPT is two 90-minute closed-universe items, each built from a File (all the facts, including irrelevant and conflicting ones) and a Library (the legal authorities), and it is not a test of substantive law [S1][S2].
• An objective memorandum asks for neutral, predictive analysis for a supervising attorney — discussing both sides without advocacy; the persuasive memorandum or brief is a separate MPT task type [S2].
• The task memo that opens the File controls the format: released tasks use a To/From/Date/Re heading block, and the memo may direct how facts are handled (for example, integrated into the analysis rather than restated separately) [S3][S4].
• Point sheets describe the factual and legal points graders look for — organized around the governing rule and its application to the facts — and grading is on responsiveness to the task instructions plus content, thoroughness, and organization [S3][S4].
• NCBE's instructions advise spending roughly half of the 90 minutes reading, digesting, and organizing before writing [S3].
• NJ-specific: New Jersey administers the UBE (passing score 266), so NJ candidates take the MPT; nationally, the MPT is 20% of the UBE total score [S5][S6].

Sources

• [S1] National Conference of Bar Examiners, "MPT (Multistate Performance Test)," https://www.ncbex.org/exams/mpt (verified 2026-08-20).
• [S2] National Conference of Bar Examiners, "Preparing for the MPT," https://www.ncbex.org/exams/mpt/preparing-mpt (verified 2026-08-20).
• [S3] National Conference of Bar Examiners, "Instructions for Taking the MPT" (PDF), https://www.ncbex.org/sites/default/files/2023-01/Instructions_MPT_2023.pdf (verified 2026-08-20).
• [S4] National Conference of Bar Examiners, "February 2017 MPTs and Point Sheets" (PDF), https://www.ncbex.org/sites/default/files/2023-03/2017-Feb-MPTs-PointSheets.pdf (verified 2026-08-20).
• [S5] New Jersey Board of Bar Examiners, "Uniform Bar Examination (UBE) Information," https://www.njbarexams.org/ube (verified 2026-08-20).
• [S6] National Conference of Bar Examiners, "UBE Bar Exam Scores," https://www.ncbex.org/exams/ube/ube-scores (verified 2026-08-20).

Not Legal Advice