403 Is General Discretion To Exclude
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
14879_waffle_wagon_coverage · EVIDENCE · Choice AYes, because any conduct of a party to the case is admissible when offered against that party.
Why it's attractive
The word 'any' claims all party conduct is admissible.
Why it's wrong
The word 'any' claims all party conduct is admissible.
14879_waffle_wagon_coverage · EVIDENCE · Choice CNo, because evidence of insurance is not admissible on the issue of whether the insured acted wrongfully.
Why it's attractive
The choice says wrongful conduct; the stem says motive.
Why it's wrong
The choice says wrongful conduct; the stem says motive.
14879_waffle_wagon_coverage · EVIDENCE · Choice DNo, because the probative value of the insurance evidence on whether Lydia intentionally burned the trailer is substantially outweighed by the dangers of unfair prejudice and jury confusion.
Why it's attractive
The stem gives no fact showing the danger substantially outweighs motive value.
Why it's wrong
The stem gives no fact showing the danger substantially outweighs motive value.
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