Attorney Advice Is Complete Defense
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
- Criminal Law1
Example wrong choices
14640_church_preschool_custody · CRIMINAL_LAW · Choice AAcquitted, because he acted on the advice of an attorney.
Why it's attractive
It reaches the right acquittal result and uses the most memorable fact: lawyer advice.
Why it's wrong
Right result but wrong reason: attorney advice is not the defense; missing mens rea is.
Spot it next time
Ask whether the reason uses the statute's mental-state word.
14640_church_preschool_custody · CRIMINAL_LAW · Choice CConvicted, because reliance on an attorney’s advice is not a defense.
Why it's attractive
It states the familiar rule that attorney advice is not itself a defense.
Why it's wrong
True neighboring rule about attorney advice, but wrong call because the statute asks whether Paul knew he lacked privilege.
Spot it next time
Ask whether the advice is being offered as a defense or as evidence negating mens rea.
14640_church_preschool_custody · CRIMINAL_LAW · Choice DConvicted, provided a reasonable person would have known that the attorney’s advice was erroneous.
Why it's attractive
It sounds like a careful negligence-style standard.
Why it's wrong
Uses objective reasonable-person standard where the statute requires subjective knowledge.
Spot it next time
Replace reasonable-person wording with the statute's actual word: knowing.
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