403 Applies To Wrong Purpose
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence1
Example wrong choices
14827_the-fishing-dock-witness · EVIDENCE · Choice B{'text': 'No, because it calls for hearsay not within any exception.', 'selection_pct': 4, 'pct_provenance': 'inherited'}
Why it's attractive
Hearsay requires a statement offered for its truth. This question tests what the witness has heard — it is not offered to prove the underlying falsification occurred. False on its face.
Why it's wrong
Hearsay requires a statement offered for its truth. This question tests what the witness has heard — it is not offered to prove the underlying falsification occurred. False on its face.
14827_the-fishing-dock-witness · EVIDENCE · Choice C{'text': 'No, because its minimal relevance to the issue of false catch reports is substantially outweighed by the danger of unfair prejudice.', 'selection_pct': 4, 'pct_provenance': 'inherited'}
Why it's attractive
The 403 balance described here presupposes the evidence is offered to prove catch-report fraud. It isn't. The evidence is offered to test the witness's knowledge of Peter's reputation. The C analysis is solving for the wrong purpose.
Why it's wrong
The 403 balance described here presupposes the evidence is offered to prove catch-report fraud. It isn't. The evidence is offered to test the witness's knowledge of Peter's reputation. The C analysis is solving for the wrong purpose.
14827_the-fishing-dock-witness · EVIDENCE · Choice D{'text': "Yes, because an affirmative answer will be probative of Peter's character trait for dishonesty and, therefore, his guilt.", 'selection_pct': 17, 'pct_provenance': 'inherited'}
Why it's attractive
Says 'Yes' (right), but the reason (proves guilt via character conformity) is exactly what FRE 405(a) prohibits. The anchor is required to name the forbidden purpose.
Why it's wrong
Says 'Yes' (right), but the reason (proves guilt via character conformity) is exactly what FRE 405(a) prohibits. The anchor is required to name the forbidden purpose.
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