Collateral Estoppel Misfit
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
- CRIMINAL1
Example wrong choices
16181_border-flock-dual-sovereignty · CRIMINAL · Choice AYes, because the double jeopardy protection prohibits a second prosecution following a conviction for the same offense.
Why it's attractive
states the familiar same-sovereign DJ rule but ignores that two different states are prosecuting
Why it's wrong
states the familiar same-sovereign DJ rule but ignores that two different states are prosecuting
16181_border-flock-dual-sovereignty · CRIMINAL · Choice BYes, because the government is collaterally estopped under the double jeopardy protection from prosecuting a defendant a second time for the same conduct that led to an earlier conviction.
Why it's attractive
invokes a preclusion label that is not the operative double-jeopardy bar
Why it's wrong
invokes a preclusion label that is not the operative double-jeopardy bar
16181_border-flock-dual-sovereignty · CRIMINAL · Choice DNo, because the double jeopardy protection only prohibits a second prosecution following an acquittal for the same offense.
Why it's attractive
the absolute 'only following an acquittal' overclaims; DJ also bars after a conviction
Why it's wrong
the absolute 'only following an acquittal' overclaims; DJ also bars after a conviction
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