Ability Equals Legal Duty
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
- CRIMINAL1
Example wrong choices
21460_barnabas-ledge · CRIMINAL · Choice ANo, because Lydia's own decision to explore the side path was a superseding cause that breaks the causal chain.
Why it's attractive
Applies causation doctrine before actus reus is established; premature. NOT_RESPONSIVE.
Why it's wrong
Applies causation doctrine before actus reus is established; premature. NOT_RESPONSIVE.
21460_barnabas-ledge · CRIMINAL · Choice CYes, because Barnabas had the ability and equipment to save Lydia and chose not to.
Why it's attractive
Substitutes physical ability and equipment for the legal duty requirement. NOT_TRUE.
Why it's wrong
Substitutes physical ability and equipment for the legal duty requirement. NOT_TRUE.
21460_barnabas-ledge · CRIMINAL · Choice DYes, because Barnabas's deliberate decision to walk away was the equivalent of an affirmative act causing Lydia's death.
Why it's attractive
States that deliberate inaction equals commission as a general rule. NOT_TRUE.
Why it's wrong
States that deliberate inaction equals commission as a general rule. NOT_TRUE.
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