Admission Misfit
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
22227_barn-fire-daniel · EVIDENCE · Choice AAdmit the notes into evidence as an admission of a party.
Why it's attractive
FRE 801(d)(2) admissions require a party's statement. Daniel is a witness, not a party. This doctrine doesn't apply.
Why it's wrong
FRE 801(d)(2) admissions require a party's statement. Daniel is a witness, not a party. This doctrine doesn't apply.
22227_barn-fire-daniel · EVIDENCE · Choice BStrike Daniel's testimony, unless it is shown that the notes themselves are unavailable.
Why it's attractive
The best evidence rule (FRE 1002) applies when proving the CONTENTS of a writing. Daniel testifies from his own memory after refreshing — he's not proving contents. The rule is inapplicable.
Why it's wrong
The best evidence rule (FRE 1002) applies when proving the CONTENTS of a writing. Daniel testifies from his own memory after refreshing — he's not proving contents. The rule is inapplicable.
22227_barn-fire-daniel · EVIDENCE · Choice DDirect that the notes cannot be brought into court because they have not been offered into evidence.
Why it's attractive
FRE 612 expressly allows production of writings used to refresh recollection regardless of whether they've been offered into evidence. This choice gets the rule backwards.
Why it's wrong
FRE 612 expressly allows production of writings used to refresh recollection regardless of whether they've been offered into evidence. This choice gets the rule backwards.
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