Absolute Duty Overclaim
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
18308_lydia-brady-camp · CRIMINAL · Choice ANo, because the management letter was not sufficiently exculpatory to trigger Brady's disclosure obligation.
Why it's attractive
Addresses Brady's favorability/materiality prong rather than the suppression prong. The stem's central fact — defense counsel had and used the letter — engages suppression. This choice answers a different Brady sub-question.
Why it's wrong
Addresses Brady's favorability/materiality prong rather than the suppression prong. The stem's central fact — defense counsel had and used the letter — engages suppression. This choice answers a different Brady sub-question.
18308_lydia-brady-camp · CRIMINAL · Choice CYes, because the prosecution's duty to disclose is absolute and cannot be excused by the defense's independent access to the material.
Why it's attractive
'Absolute' and 'cannot be excused' are overclaim language. Brady has conditions: the prosecution must have suppressed material the defense lacked. 'Absolute' eliminates the suppression element.
Why it's wrong
'Absolute' and 'cannot be excused' are overclaim language. Brady has conditions: the prosecution must have suppressed material the defense lacked. 'Absolute' eliminates the suppression element.
18308_lydia-brady-camp · CRIMINAL · Choice DYes, because the management letter was in the prosecution's possession, regardless of what the defense knew.
Why it's attractive
'Regardless of what the defense knew' is a structural flag — it tells you to ignore a fact the stem gave you (defense had and used the letter). Brady requires suppression (defense lacked material), not just prosecution possession.
Why it's wrong
'Regardless of what the defense knew' is a structural flag — it tells you to ignore a fact the stem gave you (defense had and used the letter). Brady requires suppression (defense lacked material), not just prosecution possession.
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