CO Bar flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Complete diversity rule

Federal diversity jurisdiction requires that no plaintiff share state citizenship with any defendant when the complaint is filed; minimal diversity is insufficient, and the amount in controversy must exceed $75,000.

Res ipsa loquitur elements

The doctrine permits an inference of negligence when the injury is of a kind that ordinarily does not occur without negligence, caused by an instrumentality in the defendant's exclusive control, and not due to the plaintiff's contribution.

Felony murder limitation

The felony murder rule applies only to inherently dangerous felonies such as robbery, burglary, rape, arson, and kidnapping; the defendant must commit the felony, and the death must be a foreseeable consequence.

Hearsay definition

An out-of-court statement offered to prove the truth of the matter asserted; nonhearsay uses include impeachment, effect on the listener, verbal acts, and statements offered to show notice or state of mind.

Recording statute types

Notice statutes protect later purchasers without notice; race-notice statutes require the later purchaser to take without notice and record first; race statutes protect whoever records first regardless of notice.

Equal protection tiers

Strict scrutiny applies to suspect classifications and fundamental rights; intermediate scrutiny to gender and legitimacy; rational basis to all other classifications, requiring only a legitimate interest and rational relationship.

Apparent authority source

Apparent authority arises from the principal's manifestations to a third party that lead the third party reasonably to believe the agent has authority; the agent's own statements alone cannot create it.

Partnership default profit sharing

Absent a partnership agreement, partners share profits and losses equally; each general partner has joint and several liability for partnership obligations, and partnership property is used to satisfy them.

Security interest attachment

Attachment requires value given by the secured party, the debtor's rights in the collateral, and a security agreement authenticated by the debtor describing the collateral; attachment creates an enforceable interest.

Business judgment rule

A presumption that directors acted on an informed basis, in good faith, and in the honest belief their action served the corporation; it protects disinterested decisions from liability for mere poor judgment.

Premarital agreement validity

A premarital agreement is enforceable if in writing, voluntarily executed by both parties, and free of fraud or duress; it cannot waive child support, and unconscionability may bar enforcement.

Spendthrift trust clause

A spendthrift clause prevents a beneficiary from voluntarily assigning trust distributions and generally shields them from the beneficiary's creditors until distributed; it does not protect self-settled trusts in most states.

Most significant relationship test

A conflict-of-laws approach weighing contacts such as place of injury, conduct, domicile, and the parties' relationship, plus the policies of the involved states, to choose applicable substantive law.

MPT task memo role

The task memo identifies the deliverable, the audience, and the required format; it determines whether the candidate writes a memorandum, letter, brief, or contract provision and which issues to address.

MPT file versus library

The File contains facts, pleadings, correspondence, and transcripts; the Library contains statutes, regulations, and cases; the candidate must apply Library rules to File facts without inventing facts.

MPT time allocation

Roughly 90 minutes per task: about 20-25 minutes reading the file and library, 55-60 minutes drafting, and 5-10 minutes reviewing for format, citations, and completeness.

CREAC structure

A legal analysis format: Conclusion, Rule, Explanation of the rule through authority, Application to the client's facts, and Conclusion restated; it organizes each issue in the MPT deliverable.

MPT citation practice

Citation format is generally relaxed; cite cases by name and statutes or regulations by section number, and cite Library authority rather than outside sources or full Bluebook form.

MPT adverse authority

The candidate must address adverse Library authority, distinguish it on the facts, and explain why it does not control, rather than omitting it from the analysis.

MPT issue identification

Scoring rewards identifying every material issue raised by the task memo, stating the governing rule from the Library, applying it to the File facts, and following the requested format and tone.

Colorado comparative negligence

Under C.R.S. § 13-21-111, a plaintiff recovers 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 premises liability statute

C.R.S. § 13-21-115 classifies entrants as invitees, licensees, or trespassers and defines the landowner's duty to each; it generally displaces common law premises liability in Colorado.

Colorado economic loss rule

The rule bars tort claims seeking purely economic loss arising from a contractual relationship; it does not bar claims for physical injury to person or property or for breach of an independent tort duty.

Colorado several liability

Under C.R.S. § 13-21-111.5, each defendant generally pays only its proportionate share; joint and several liability is limited, with exceptions for concerted action and specified statutory categories.

Colorado anti-indemnity statute

C.R.S. § 13-21-111.5(6) voids construction contract provisions that indemnify a party for its own negligence; the statute limits risk transfer in construction agreements.

Colorado consumer protection act

C.R.S. § 6-1-101 et seq. prohibits deceptive trade practices; a claim requires a deceptive practice, a public impact, and actual damages, and reliance is not required in every circumstance.

Colorado wage claim statute

C.R.S. § 8-4-101 et seq. requires payment of wages when due; a discharged employee must receive earned wages, and willful nonpayment may support penalties and attorney fees.

Colorado elective share

The Colorado Probate Code gives a surviving spouse a statutory elective share of the decedent's estate, which the spouse may claim instead of taking under the will.

Colorado will formalities

A Colorado will must be signed by the testator and two witnesses; a holographic will is valid if its material provisions are in the testator's handwriting, even without witnesses.

Colorado modified comparative fault

Colorado reduces a plaintiff's recovery by the plaintiff's percentage of fault and bars recovery entirely when the plaintiff's fault equals or exceeds the defendant's fault.

Colorado joint and several limits

Joint and several liability in Colorado is limited to cases of concerted action and specified statutory categories; otherwise each defendant is liable only for its proportionate share of damages.

Colorado public impact requirement

A Colorado Consumer Protection Act claim requires the challenged practice to affect the public, not merely a single private dispute; evidence of similar conduct toward others supports this element.