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MisconceptionObserved in bank

All Out Of Court Criminal Conversations Are Excluded Hearsay

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

  • 14903_scriptorium_counterfeit_bibles · EVIDENCE · Choice ANo, because Agent Hannah's testimony reports hearsay not covered by any exclusion or exception.

    Why it's attractive

    The objection is best evidence, but this answer tries to win on hearsay.

    Why it's wrong

    The objection is best evidence, but this answer tries to win on hearsay.

  • 14903_scriptorium_counterfeit_bibles · EVIDENCE · Choice BYes, because key portions of the recording are inaudible.

    Why it's attractive

    The answer says yes, but its reason points to the recording defect instead of the rule trigger.

    Why it's wrong

    The answer says yes, but its reason points to the recording defect instead of the rule trigger.

  • 14903_scriptorium_counterfeit_bibles · EVIDENCE · Choice CNo, because Agent Hannah's live testimony is not the best evidence of the conversation.

    Why it's attractive

    This treats best evidence as a general hierarchy of proof.

    Why it's wrong

    This treats best evidence as a general hierarchy of proof.

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