This type of performance examination requires an applicant to apply the law from the library to the facts from the file. Suppose a performance test has the Applicant working for the local District Attorney, and the Head DA in charge of the juvenile office wants to know if they should file attempted murder or assault with a deadly weapon charges. It makes sense that the Applicant would be expected to split the answer into sections based on elements of the prima facia cases and connect the facts to the elements. Persuasive or Argumentative performance examinations present a unique challenge. Here, an applicant is required to advocate specific legal positions on behalf of a hypothetical client.
Many applicants find it very hard to make good arguments under time constraints.
Three Observations About Performance Tests 1. The Performance Examination is an extension of the Essays All of the basic techniques of bar examination writing apply to the Performance Test. It does not make a lot of sense to practice performance exams until one is well versed in all the simple, direct and well organized style techniques of good essay writing. The Master Essay Method program presents those techniques. Every Performance Examination has the key to its answer built in.