Availability Always Required
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
22214_barnabas-hearsay · EVIDENCE · Choice ANo, because the statement does not meet the applicable hearsay exception.
Why it's attractive
Before asking whether a hearsay exception applies, ask: is this hearsay? The statement is offered for effect on listener, not truth.
Why it's wrong
Before asking whether a hearsay exception applies, ask: is this hearsay? The statement is offered for effect on listener, not truth.
22214_barnabas-hearsay · EVIDENCE · Choice BNo, because there is no indication that the customer is unavailable to testify.
Why it's attractive
Availability matters only for hearsay exceptions that require unavailability. If the statement isn't hearsay, availability is irrelevant.
Why it's wrong
Availability matters only for hearsay exceptions that require unavailability. If the statement isn't hearsay, availability is irrelevant.
22214_barnabas-hearsay · EVIDENCE · Choice DYes, because Barnabas is defending himself against a criminal charge.
Why it's attractive
The criminal-defense posture doesn't change hearsay analysis. The statement is admissible because of its non-hearsay purpose, not because the case is criminal.
Why it's wrong
The criminal-defense posture doesn't change hearsay analysis. The statement is admissible because of its non-hearsay purpose, not because the case is criminal.
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