Business Records 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.
14805_psalm_planner_notes · EVIDENCE · Choice AYes, because they are recorded recollections.
Why it's attractive
This sees notes made to remember but skips the missing foundation and exhibit limit.
Why it's wrong
This sees notes made to remember but skips the missing foundation and exhibit limit.
14805_psalm_planner_notes · EVIDENCE · Choice BYes, because they are business records.
Why it's attractive
This treats work-related personal notes as regularly made business records.
Why it's wrong
This treats work-related personal notes as regularly made business records.
14805_psalm_planner_notes · EVIDENCE · Choice DNo, because Lydia's immunity agreement makes the notes untrustworthy and therefore substantially more prejudicial than probative.
Why it's attractive
This says no but does not answer the hearsay-exception problem.
Why it's wrong
This says no but does not answer the hearsay-exception problem.
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