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This trap appears as a wrong-answer choice in 6 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”

Subject distribution

  • CRIMINAL4
  • Civil Procedure1
  • Constitutional Law1

Example wrong choices

  • 14566_choir_alibi_immunity · CRIMINAL · Choice AAsk Lydia's lawyer to explain that ordinary evidence rules do not control grand-jury proceedings and that Lydia must answer.

    Why it's attractive

    Evidence-rule language does not answer a privilege claim.

    Why it's wrong

    Evidence-rule language does not answer a privilege claim.

  • 14566_choir_alibi_immunity · CRIMINAL · Choice CPrepare the documents necessary to grant Lydia immunity from any future prosecution for any crime her testimony might disclose.

    Why it's attractive

    The call asks least harm; this gives extra immunity.

    Why it's wrong

    The call asks least harm; this gives extra immunity.

  • 14566_choir_alibi_immunity · CRIMINAL · Choice DRequest that the grand jury simply order Lydia to answer the question.

    Why it's attractive

    A command alone does not cure self-incrimination.

    Why it's wrong

    A command alone does not cure self-incrimination.

  • 14567_bookstore_bedroom_miranda · CRIMINAL · Choice AThe statement was not voluntary.

    Why it's attractive

    Voluntariness is harder than the obvious warning defect.

    Why it's wrong

    Voluntariness is harder than the obvious warning defect.

  • 14567_bookstore_bedroom_miranda · CRIMINAL · Choice BThe police did not have a search warrant authorizing entry into the house.

    Why it's attractive

    Entry into the suspect home is not the statement defect.

    Why it's wrong

    Entry into the suspect home is not the statement defect.

  • 14567_bookstore_bedroom_miranda · CRIMINAL · Choice DDaniel was not told he was under arrest until after he made the statement.

    Why it's attractive

    Custody does not wait for magic words.

    Why it's wrong

    Custody does not wait for magic words.

  • 14571_boarded_cottage_payton · CRIMINAL · Choice AYes, because the officers entered the cottage by means of excessive force.

    Why it's attractive

    Force is vivid but not the dispositive warrant limit.

    Why it's wrong

    Force is vivid but not the dispositive warrant limit.

  • 14571_boarded_cottage_payton · CRIMINAL · Choice BNo, because the officers acted in good faith under the authority of a valid warrant.

    Why it's attractive

    Valid warrant is only half the Payton rule.

    Why it's wrong

    Valid warrant is only half the Payton rule.

  • 14571_boarded_cottage_payton · CRIMINAL · Choice DNo, because the officers did not violate any legitimate expectation of privacy since Ruth had abandoned the cottage.

    Why it's attractive

    Neglect facts do not equal abandoned privacy.

    Why it's wrong

    Neglect facts do not equal abandoned privacy.

  • 14685_peter_hammer · CRIMINAL · Choice BVoluntary manslaughter.

    Why it's wrong

    Choice B is not the credited answer for this item.

  • 22592_house_fellowship_lamb_rite · CONSTITUTIONAL_LAW · Choice AWhether the lamb rite has been practiced by the fellowship for many years.

    Why it's attractive

    Tradition is not the same inquiry as reasonableness.

    Why it's wrong

    Tradition is not the same inquiry as reasonableness.

  • 22592_house_fellowship_lamb_rite · CONSTITUTIONAL_LAW · Choice BWhether Daniel is sincere in the religious belief that requires the lamb rite.

    Why it's attractive

    Sincerity asks whether Daniel honestly holds the belief, not whether it is sensible.

    Why it's wrong

    Sincerity asks whether Daniel honestly holds the belief, not whether it is sensible.

  • 22592_house_fellowship_lamb_rite · CONSTITUTIONAL_LAW · Choice DWhether applying the statute is necessary to protect a compelling state interest.

    Why it's attractive

    The call asks what the court may not consider, not what must always decide the case.

    Why it's wrong

    The call asks what the court may not consider, not what must always decide the case.

  • 22863_worship_leader_tortious_interference · CIVIL_PROCEDURE · Choice ANo, because the probate exception reserves to state probate courts the right to adjudicate claims touching a decedent's estate.

    Why it's attractive

    The probate exception is narrower than "any claim touching a probate matter."

    Why it's wrong

    The probate exception is narrower than "any claim touching a probate matter."

  • 22863_worship_leader_tortious_interference · CIVIL_PROCEDURE · Choice BNo, because the state probate court found the will to be valid.

    Why it's attractive

    The state court's will ruling is a merits question, not a jurisdictional one.

    Why it's wrong

    The state court's will ruling is a merits question, not a jurisdictional one.

  • 22863_worship_leader_tortious_interference · CIVIL_PROCEDURE · Choice DYes, because Margaret's estate contained property located in several different states.

    Why it's attractive

    The geographic location of estate property does not create federal subject matter jurisdiction.

    Why it's wrong

    The geographic location of estate property does not create federal subject matter jurisdiction.

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