Answer Array Clash On Stated Reason
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
14836_picnic_alibi · EVIDENCE · Choice Badmissible, in the judge's discretion, because the friend's credibility is a fact of major consequence to the case.
Why it's attractive
CUT: 'major consequence' / 'judge's discretion' is 403 vocabulary; FRE 608(b) is a structural bar, not a balancing test.
Why it's wrong
CUT: 'major consequence' / 'judge's discretion' is 403 vocabulary; FRE 608(b) is a structural bar, not a balancing test.
14836_picnic_alibi · EVIDENCE · Choice Cinadmissible, because the misstatement by the friend could have been caused by a misunderstanding of the application form.
Why it's attractive
CLASH with A on the stated reason; 'misunderstanding' is a common-sense appeal, not the operative legal rule, and would, taken seriously, cut against impeachment value rather than for inadmissibility.
Why it's wrong
CLASH with A on the stated reason; 'misunderstanding' is a common-sense appeal, not the operative legal rule, and would, taken seriously, cut against impeachment value rather than for inadmissibility.
14836_picnic_alibi · EVIDENCE · Choice Dadmissible, as a matter of right, because the friend 'opened the door' by her denial on cross-examination.
Why it's attractive
CUT: 'opening the door' permits further cross-examination inquiry, not separate-witness extrinsic proof. The C3 move is to notice the prosecutor CALLED A SEPARATE WITNESS.
Why it's wrong
CUT: 'opening the door' permits further cross-examination inquiry, not separate-witness extrinsic proof. The C3 move is to notice the prosecutor CALLED A SEPARATE WITNESS.
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