CO Bar Law Specifics 2

Question 1

Under Colorado law, what is required to establish a common law marriage?

Accepted Answer

Mutual agreement to be married plus conduct manifesting that agreement, such as cohabitation and reputation as spouses

Answer

Colorado recognizes common law marriage based on the parties' mutual agreement to be married plus conduct evidencing that agreement, with no minimum cohabitation period.

Question 2

Colorado follows which doctrine for allocating rights to surface water?

Accepted Answer

Prior appropriation, giving priority to the first user who puts water to beneficial use

Answer

Colorado is the classic prior appropriation state, where 'first in time, first in right' governs water use based on beneficial application.

Question 3

In Colorado, the statute of limitations for most breach of contract actions is:

Accepted Answer

Three years

Answer

Colorado generally applies a three-year limitations period to contract claims, though liquidated debts and certain instruments carry six years.

Question 4

Colorado's comparative negligence statute bars a plaintiff's recovery when the plaintiff's fault is:

Accepted Answer

Equal to or greater than the combined fault of all defendants

Answer

Colorado uses modified comparative negligence with a 50% bar, so a plaintiff who is 50% or more at fault recovers nothing.

Question 5

Under the Colorado Rules of Professional Conduct, a lawyer may advise a client regarding marijuana businesses that comply with state law if the lawyer:

Accepted Answer

Also advises the client regarding related federal law and policy

Answer

Comment 14 to Colorado Rule 2.1 (and related guidance to Rule 1.2) permits counseling state-legal marijuana clients if the lawyer also advises them about federal law and policy.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Law Specifics 2