CT Bar common mistakes
CT Bar · Understand the traps and how to avoid them.
Select a rule before identifying the issue
A familiar rule may govern a different claim, forum or stage.
What to do instead
State the issue and controlling framework first.
Invent a missing fact to fit an answer
An option can require knowledge or authority expressly absent from the record.
What to do instead
Apply the supplied facts and identify unresolved information.
A true proposition always answers the question
Its required conditions or connection to the requested issue may be missing.
What to do instead
Connect each relevant element to the actual scenario.
All courts use the same rule
Federal, state and other systems can differ.
What to do instead
Identify the governing jurisdiction and source.
A statement has one evidentiary use
Truth of content, notice and other purposes can raise different questions.
What to do instead
Identify why the statement is offered and apply the actual rule.
An old source is automatically current
Amendments and later authority can change the result.
What to do instead
Check date, hierarchy, jurisdiction and continuing status.
Consent solves every professional conflict
Some conditions or conflicts may not be resolved by consent alone.
What to do instead
Analyze the actual duties, limitations and applicable requirements.
A conclusion substitutes for application
Naming a doctrine does not show why it governs the facts.
What to do instead
Give a concise issue-rule-facts analysis and address a plausible alternative.