CO Bar cheat sheet

Civil procedure removal: defendant may remove to federal court within 30 days of service of the initial pleading; all defendants must join, no defendant may be a citizen of the forum state, and the case must have original federal jurisdiction (diversity with amount in controversy over $75,000 or a federal question).

Diversity jurisdiction: complete diversity must exist when the complaint is filed; a corporation is a citizen of its state of incorporation and its principal place of business (nerve center test); an LLC takes the citizenship of every member.

Contracts: under UCC Article 2, a definite offer may be accepted by any reasonable medium; additional or different terms in a merchant's acceptance become part of the contract unless they materially alter it, the offer expressly limits acceptance, or objection is given.

Torts: res ipsa loquitur requires exclusive control by the defendant and an injury that ordinarily does not occur without negligence; it permits but does not compel an inference of breach.

Criminal law: the felony murder rule requires an inherently dangerous felony (e.g., burglary, robbery, rape, arson, kidnapping); the defendant must be guilty of the underlying felony, and death must be a foreseeable result.

Evidence: hearsay is an out-of-court statement offered for its truth; nonhearsay uses include impeachment, effect on the listener, verbal acts with independent legal significance, and statements offered to show notice or state of mind.

Real property: a recording statute protects subsequent purchasers; under notice statute, a later BFP without notice wins; under race-notice, the later purchaser must also record first.

Constitutional law: state action is required for Fourteenth Amendment claims; the Equal Protection tiers are strict scrutiny (compelling interest, narrowly tailored), intermediate (important interest, substantially related), and rational basis (legitimate interest, rationally related).

Agency: apparent authority arises from the principal's manifestations to a third party, not from the agent's own statements; ratification requires the principal to accept the benefit of the unauthorized act with knowledge of the material facts.

Partnerships: absent an agreement, profits and losses are shared equally; a partnership is liable for torts committed in the ordinary course of business, and each general partner has joint and several liability.

Secured transactions: attachment requires value given, the debtor's rights in the collateral, and a security agreement authenticated by the debtor; perfection by filing generally occurs when the financing statement is filed.

Corporations: directors owe duties of care and loyalty; the business judgment rule presumes informed decisions made in good faith; interested-director transactions require fairness or disinterested approval.

Family law: premarital agreements are enforceable if in writing, voluntarily executed, and free of fraud or duress; child custody uses the best interests of the child standard, and child support cannot be waived by agreement.

Wills and estates: a valid will requires testamentary intent, capacity, and statutory formalities (signature and witnesses); a codicil republishes the will as of the codicil's date; pretermitted children generally receive an intestate share.

Trusts: a spendthrift clause restricts a beneficiary's voluntary and involuntary transfers; a resulting trust arises when an express trust fails or is incomplete; a constructive trust is a remedy for unjust enrichment.

Conflict of laws: the forum applies its own procedural rules but may apply another state's substantive law; the traditional approach uses lex loci delicti, while the most significant relationship test weighs contacts and policy.

The MPT provides a File (facts, correspondence, pleadings, transcripts) and a Library (statutes, cases, regulations); the task memo defines the deliverable, the audience, and the required format.

Time allocation: roughly 90 minutes per task; spend about 20-25 minutes reading the file and library, 55-60 minutes drafting, and 5-10 minutes reviewing.

The controlling authority is usually in the Library; apply the rule to the File facts in an organized manner, and distinguish adverse authority rather than ignoring it.

Format follows the task memo: memorandum, opinion letter, brief, contract clause, or client letter; use headings, citations to the Library, and a professional tone.

Facts must come from the File; do not invent facts, and note material gaps or ambiguities as issues requiring further investigation.

Legal analysis should use IRAC or CREAC structure, with each issue stated, the rule from the Library, application to the client's facts, and a conclusion.

Citation format in the MPT is generally relaxed; cite by case name, statute section, or regulation number rather than full Bluebook form.

Scoring rewards issue identification, accurate rule statements from the Library, factual application, organization, and adherence to the requested format and tone.

Colorado follows the modified comparative negligence rule under C.R.S. § 13-21-111: a plaintiff may recover only if the plaintiff's negligence is less than the defendant's; damages are reduced proportionally, and a plaintiff 50% or more at fault recovers nothing.

Colorado's premises liability statute, C.R.S. § 13-21-115, defines three categories of entrants (invitee, licensee, trespasser) and generally displaces the common law for landowner duties.

Colorado's economic loss rule bars tort claims for purely economic loss arising from a contractual relationship; it does not bar claims for physical injury to person or property or for independent tort duties.

Colorado is a modified comparative fault state that also applies several liability in most cases under C.R.S. § 13-21-111.5; joint and several liability is limited, with exceptions for concerted action and specified statutory categories.

Colorado's anti-indemnity statute, C.R.S. § 13-21-111.5(6), voids indemnification provisions in construction agreements that purport to indemnify a party for its own negligence.

Colorado's consumer protection statute, C.R.S. § 6-1-101 et seq., prohibits deceptive trade practices; a claim requires a deceptive practice, an impact on the public, and actual damages, and the plaintiff need not show reliance in all circumstances.

Colorado's wage claim statute, C.R.S. § 8-4-101 et seq., requires payment of wages when due; a discharged employee must be paid earned wages, and willful nonpayment may support penalties and attorney fees.

Colorado probate: the Colorado Probate Code allows a statutory elective share for a surviving spouse; a will must be signed by the testator and two witnesses, and holographic wills are valid if material provisions are in the testator's handwriting.