Any Correct Outcome Choice Is Safe
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
14062_stephens-orchard-late-changed-charge · CIVIL_PROCEDURE · Choice ANo, because Stephen's objection was untimely and as a result, he waived the appeal of the court's instruction.
Why it's attractive
Rides the buried 'did not separately object to the proposed instruction' fact — a non-dispositive element — and ignores that the GIVEN instruction was different and objected to at once.
Why it's wrong
Rides the buried 'did not separately object to the proposed instruction' fact — a non-dispositive element — and ignores that the GIVEN instruction was different and objected to at once.
14062_stephens-orchard-late-changed-charge · CIVIL_PROCEDURE · Choice BNo, because Stephen's objection was untimely, and any alleged error would have been upheld under the "clearly erroneous" standard of review.
Why it's attractive
Pairs the same false 'untimely' premise with an appellate buzzword; the 'clearly erroneous' label is the tell.
Why it's wrong
Pairs the same false 'untimely' premise with an appellate buzzword; the 'clearly erroneous' label is the tell.
14062_stephens-orchard-late-changed-charge · CIVIL_PROCEDURE · Choice DYes, because even though Stephen waived his objection to the instruction prior to trial, his objection at trial was timely.
Why it's attractive
Reaches the correct 'Yes' but concedes a pre-trial waiver that never happened — his pre-trial act was objecting to the REFUSAL of his own instruction, which waives nothing.
Why it's wrong
Reaches the correct 'Yes' but concedes a pre-trial waiver that never happened — his pre-trial act was objecting to the REFUSAL of his own instruction, which waives nothing.
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