CO Bar common mistakes
CO Bar · Understand the traps and how to avoid them.
Answering MBE questions based on personal notions of fairness or policy rather than applying the controlling legal rule, especially in Torts and Contracts where instinct often conflicts with doctrine.
Candidates rely on intuition from prior life or work experience and do not consciously recall the black-letter rule before selecting an answer; the MBE rewards doctrinal precision, not equitable instinct.
What to do instead
Before reading the answer choices, state the legal rule and elements in a single sentence. Then test each choice against that rule. Practice with mixed sets and write the rule beside every missed question so the gap is visible.
On Civil Procedure MBE questions, confusing state-court and federal-court rules, or misapplying the Erie doctrine and supplemental jurisdiction, leading to choosing an answer that is correct in one system but wrong in the other.
Candidates memorize isolated rules without anchoring them to the question's court system and procedural posture; the exam often tests the interplay between federal rules and state law.
What to do instead
At the start of every Civ Pro question, identify the court (federal or state) and the issue (jurisdiction, venue, pleading, discovery, trial, or preclusion). Drill Erie and supplemental jurisdiction with fact patterns that change one variable at a time.
On MEE essays, writing a conclusory answer with no issue statement or rule, then applying facts without connecting each element to the rule, often because of time pressure and fear of running out of space.
Candidates treat the essay as a short-answer test and skip the IRAC structure, or they spend too long on the first issue and rush the rest, producing shallow analysis across all issues.
What to do instead
Use a strict IRAC template: issue sentence, rule paragraph with elements, application paragraph tying each fact to each element, and a short conclusion. Practice timed essays with a 5-minute outline before writing, and allocate time equally across issues.
On MEE essays, ignoring Colorado-specific law when the prompt calls for it, or assuming Colorado follows the majority rule without checking, especially in areas like land use, water rights, and state constitutional law.
Candidates prepare primarily for the MBE and treat Colorado essay subjects as an afterthought, or they rely on general common-law rules without confirming Colorado's position.
What to do instead
Build a one-page Colorado supplement covering the tested state-specific topics (e.g., Colorado's prior appropriation water law, home rule, and relevant statutes). When a prompt says 'under Colorado law,' cite the Colorado rule explicitly and note any divergence from the majority.
On the MPT, treating the task as a free-form essay or a memory test rather than a closed-universe exercise, and failing to use the provided library and file to support the requested document.
Candidates import outside law and personal knowledge instead of reading the file carefully, or they misread the task memo's instruction about the audience and format.
What to do instead
Read the task memo first and identify the deliverable, audience, and tone. Then read the library and file with a purpose, annotating facts and authorities. Draft only from the provided materials, and check that every legal assertion is supported by a cited library document.
On the MPT, mismanaging the 90-minute time budget by over-researching the library or over-polishing the document, leaving the final task incomplete or missing a required section.
Candidates are anxious about missing a legal rule and spend too long reading, or they edit prose instead of ensuring all required components are present.
What to do instead
Follow a fixed timeline: 10 minutes to read the memo and skim the file, 30 minutes to read the library and outline, 40 minutes to write, and 10 minutes to review for completeness. Practice with a timer and grade yourself on whether every required element appears.
On the MBE, failing to manage the 1.8-minute-per-question pace, leaving questions blank or rushing the final third of each session, which compounds errors in the highest-weight subjects.
Candidates get stuck on difficult questions and lose track of time, or they do not practice under timed conditions and underestimate the pace.
What to do instead
Use a three-pass strategy: answer easy questions first, flag and skip time-consuming ones, and return to flagged questions with remaining time. Practice full 100-question sessions with a visible timer to internalize the pace.
On the MEE, failing to spot all issues in a multi-issue prompt, especially when issues are embedded in a single fact pattern across different subject areas (e.g., a contracts question that also raises evidence or civil procedure).
Candidates read the prompt once and write on the first issue they see, or they assume the essay tests only one subject and stop analyzing.
What to do instead
Before writing, create a quick issue list by scanning the call of the question and the facts for legal triggers (e.g., 'statute of frauds,' 'hearsay,' 'personal jurisdiction'). Write a short heading for each issue and address every one, even briefly.
On Evidence MBE questions, conflating relevance, hearsay, and the Confrontation Clause, and choosing an answer that is correct under one doctrine but not the one actually tested.
Candidates memorize definitions without understanding the sequence of analysis: relevance, then hearsay, then exceptions, then constitutional limits. They also miss non-hearsay uses like impeachment or effect on the listener.
What to do instead
Apply a checklist for every Evidence question: (1) what is the purpose of the evidence? (2) is it hearsay? (3) if hearsay, does an exception apply? (4) if criminal, does the Confrontation Clause bar it? Practice with questions that require distinguishing these steps.
On Colorado essay questions, writing a generic national-law answer without addressing the specific Colorado constitutional or statutory provision cited in the prompt, or misstating the standard of review for Colorado appellate courts.
Candidates rely on bar-prep outlines that emphasize MBE subjects and do not study Colorado's constitution, statutes, or case law, and they assume the standard of review is the same as federal.
What to do instead
Review the Colorado-specific materials provided by the bar examiners and create flashcards for key provisions and standards (e.g., Colorado's home rule, water adjudication, and the Colorado Rules of Civil Procedure). In practice essays, always cite the specific Colorado authority and state the standard of review.