Best Evidence Trap
This trap appears as a wrong-answer choice in 2 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
- Evidence2
Example wrong choices
14763_puppet_camp_notice · EVIDENCE · Choice Ainadmissible, because it is hearsay not within any exception.
Why it's attractive
The answer says hearsay exception; the stem says notice.
Why it's wrong
The answer says hearsay exception; the stem says notice.
14763_puppet_camp_notice · EVIDENCE · Choice Binadmissible, because it is not the best evidence of the notice.
Why it's attractive
The answer talks about best evidence; the stem talks about notice.
Why it's wrong
The answer talks about best evidence; the stem talks about notice.
14763_puppet_camp_notice · EVIDENCE · Choice Dadmissible, though hearsay, under the business record exception.
Why it's attractive
The answer admits the letter but calls it hearsay.
Why it's wrong
The answer admits the letter but calls it hearsay.
14892_scripture_card_call · EVIDENCE · Choice AInadmissible, because the phone recording is the original evidence of the call.
Why it's attractive
The answer points to the recording, but the call asks whether Barnabas may testify.
Why it's wrong
The answer points to the recording, but the call asks whether Barnabas may testify.
14892_scripture_card_call · EVIDENCE · Choice CInadmissible, because Barnabas cannot identify the caller with sufficient certainty.
Why it's attractive
The answer turns lack of positive certainty into automatic exclusion.
Why it's wrong
The answer turns lack of positive certainty into automatic exclusion.
14892_scripture_card_call · EVIDENCE · Choice DAdmissible, because Mary waived any original-recording objection by failing to subpoena Barnabas's recording.
Why it's attractive
The answer uses a subpoena waiver story that is not needed to admit the testimony.
Why it's wrong
The answer uses a subpoena waiver story that is not needed to admit the testimony.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →