Burden Shift
This trap appears as a wrong-answer choice in 3 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
- CRIMINAL2
- Evidence1
Example wrong choices
14588_gospel_festival_drum · CRIMINAL · Choice AThe defendant must prove by clear and convincing evidence that Naomi consented.
Why it's attractive
It changes the proof level but keeps the burden on the accused.
Why it's wrong
It changes the proof level but keeps the burden on the accused.
14588_gospel_festival_drum · CRIMINAL · Choice BThe defendant must prove beyond a reasonable doubt that Naomi consented.
Why it's attractive
It uses beyond a reasonable doubt but assigns that burden to the defendant.
Why it's wrong
It uses beyond a reasonable doubt but assigns that burden to the defendant.
14588_gospel_festival_drum · CRIMINAL · Choice DThe defendant must prove by a preponderance of the evidence that Naomi consented.
Why it's attractive
It sounds like a common defense burden but does not fix the burden-holder problem.
Why it's wrong
It sounds like a common defense burden but does not fix the burden-holder problem.
14605_psalm_printing_van_fire · CRIMINAL · Choice A{'text': "Before you may consider Daniel's claim of alibi, you must decide whether he has produced sufficient evidence to raise the issue.", 'why_wrong_or_correct': 'The choice creates a jury screening gate before considering alibi. The Gold Key removes that gate because alibi evidence goes to presence.'}
Why it's attractive
The choice adds a threshold before the jury may consider evidence.
Why it's wrong
The choice adds a threshold before the jury may consider evidence.
14605_psalm_printing_van_fire · CRIMINAL · Choice C{'text': "If Daniel's evidence has caused you to have a reasonable doubt as to whether he set fire to the van, you must find him not guilty.", 'why_wrong_or_correct': "This sounds close because it says reasonable doubt. Silver Key: it wrongly makes Daniel's evidence the source of doubt instead of asking whether presence was proved."}
Why it's attractive
The choice says reasonable doubt but attaches it to Daniel's evidence.
Why it's wrong
The choice says reasonable doubt but attaches it to Daniel's evidence.
14605_psalm_printing_van_fire · CRIMINAL · Choice D{'text': 'Alibi is a matter of defense and so must be established by Daniel; however, the burden of persuasion is by a preponderance of the evidence, not beyond a reasonable doubt.', 'why_wrong_or_correct': "Dominant trap. Gold Key: alibi is not Daniel's burden; the prosecution must prove presence beyond a reasonable doubt."}
Why it's attractive
The choice makes Daniel prove the alibi.
Why it's wrong
The choice makes Daniel prove the alibi.
14843_manna_mail · EVIDENCE · Choice AThe burden shifts to Martha to persuade the jury that she did not receive the notice.
Why it's attractive
The answer uses persuade, converting the presumption into a persuasion shift.
Why it's wrong
The answer uses persuade, converting the presumption into a persuasion shift.
14843_manna_mail · EVIDENCE · Choice BThe jury must find that Martha received the notice.
Why it's attractive
The answer says must find receipt, which over-forces a rebutted presumption.
Why it's wrong
The answer says must find receipt, which over-forces a rebutted presumption.
14843_manna_mail · EVIDENCE · Choice CThe jury must find that Martha did not receive the notice, because the presumption has been rebutted and there is uncontradicted evidence of nonreceipt.
Why it's attractive
The answer says must find nonreceipt and treats rebuttal as conclusive.
Why it's wrong
The answer says must find nonreceipt and treats rebuttal as conclusive.
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