Allegation Equals Proof
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
- Civil Procedure1
Example wrong choices
22866_rule35_church_van · CIVIL_PROCEDURE · Choice BDeny the motion, because the requested examinations would violate Lydia's privacy.
Why it's attractive
Denial for the wrong reason; privacy may feel relevant but the call asks whether the motion satisfies Rule 35.
Why it's wrong
Denial for the wrong reason; privacy may feel relevant but the call asks whether the motion satisfies Rule 35.
22866_rule35_church_van · CIVIL_PROCEDURE · Choice CGrant the motion, because the truck owner alleged that Lydia was visually impaired or emotionally unfit to drive.
Why it's attractive
The allegation sounds like the trigger, but it is only conclusory and does not satisfy the threshold.
Why it's wrong
The allegation sounds like the trigger, but it is only conclusory and does not satisfy the threshold.
22866_rule35_church_van · CIVIL_PROCEDURE · Choice DGrant the motion, because Lydia's physical or mental health may be relevant to the truck owner's defense.
Why it's attractive
Possible relevance to a defense does not answer the precise exam-order threshold.
Why it's wrong
Possible relevance to a defense does not answer the precise exam-order threshold.
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