Colloquialism
This trap appears as a wrong-answer choice in 52 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
- CRIMINAL16
- Real Property9
- Torts7
- Contracts6
- Civil Procedure5
- Constitutional Law5
- Evidence4
Example wrong choices
first 2014342_scripturequest_finals_tax · CONSTITUTIONAL_LAW · Choice Cunconstitutional, because Congress violates the equal protection component of the Fifth Amendment by singling out championship game tournaments for the tax while leaving other ticketed entertainment events untaxed.
Why it's attractive
It treats not taxing every similar event as constitutional failure.
Why it's wrong
It treats not taxing every similar event as constitutional failure.
14413_verse_challenge_store_credit · CONTRACTS · Choice ANo, because the bookstore's sign was only a friendly gift-style promotion.
Why it's attractive
The sign names the requested performance and the promised store credit.
Why it's wrong
The sign names the requested performance and the promised store credit.
14440_calligraphy_debt · CONTRACTS · Choice AYes, because Naomi's promise gave Lydia a practical benefit.
Why it's attractive
The choice gives a practical fairness reason rather than the old-debt rule.
Why it's wrong
The choice gives a practical fairness reason rather than the old-debt rule.
14821_daniel_robotics_tablet_trade · EVIDENCE · Choice CYes, because taking stolen property in trade shows a disregard for the law and makes it less likely that Daniel would respect the oath of truthfulness.
Why it's attractive
This answer says yes but justifies it by general lawbreaking character.
Why it's wrong
This answer says yes but justifies it by general lawbreaking character.
14840_youth-ministry-leadership-rivalry · EVIDENCE · Choice BTestimony by a psychologist that persons with Timothy's background have a tendency to fabricate.
Why it's wrong
Choice B is not the credited answer for this item.
14847_outreach_van_clerk · EVIDENCE · Choice Ahad a pounding headache and wanted to leave before the courthouse garage closed.
Why it's attractive
The choice is about why the juror personally rushed his vote.
Why it's wrong
The choice is about why the juror personally rushed his vote.
14870_christian_publishing_comptroller · EVIDENCE · Choice Dinadmissible, because the deposits could have come from legitimate sources.
Why it's wrong
Choice D is not the credited answer for this item.
14985_hillside-vineyard-wall · REAL_PROPERTY · Choice Alose, because the agreement, as a matter of law, was mutually beneficial to both Peter and Barnabas.
Why it's attractive
'mutually beneficial' is a fairness slogan, not the legal test
Why it's wrong
'mutually beneficial' is a fairness slogan, not the legal test
15002_condemnation-lease-church-barn · REAL_PROPERTY · Choice BThe operator, because otherwise the rancher would be unjustly enriched.
Why it's attractive
The facts support the intuition (landlord gets a windfall), but when a valid contract expressly governs the issue, the equitable unjust-enrichment remedy is unavailable. The lease provision controls.
Why it's wrong
The facts support the intuition (landlord gets a windfall), but when a valid contract expressly governs the issue, the equitable unjust-enrichment remedy is unavailable. The lease provision controls.
15008_lydia-barnabas-excavation · REAL_PROPERTY · Choice BBarnabas's only obligation was to satisfy all local, state, and federal safety regulations.
Why it's attractive
Barnabas followed all the codes, but the common-law duty of lateral support exists independently of building regulations.
Why it's wrong
Barnabas followed all the codes, but the common-law duty of lateral support exists independently of building regulations.
15017_repair-wall · REAL_PROPERTY · Choice BTimothy did not know about the covenant until after he incurred the expenses and therefore could not have relied on it.
Why it's attractive
The law does not require the promisee to know about the covenant before acting
Why it's wrong
The law does not require the promisee to know about the covenant before acting
15043_orchard_deed_after_memorial · REAL_PROPERTY · Choice DTimothy, because Ruth falsely told Samuel that she had burned the deed.
Why it's attractive
D focuses on Ruth's later lie instead of the earlier delivery.
Why it's wrong
D focuses on Ruth's later lie instead of the earlier delivery.
15081_cedar_ridge_apiary_notice · REAL_PROPERTY · Choice Close, because the equities favor Timothy.
Why it's attractive
The answer gives a sympathy reason, not the statute's notice reason.
Why it's wrong
The answer gives a sympathy reason, not the statute's notice reason.
15097_sleeping-apprehension · TORTS · Choice BYes, because it was reasonable for Daniel to feel afraid after learning what Peter had planned.
Why it's attractive
The choice describes fear after learning the story, but the call is about what happened at the time.
Why it's wrong
The choice describes fear after learning the story, but the call is about what happened at the time.
16036_farm-homecoming-manslaughter · CRIMINAL · Choice ANot guilty, because Stephen was the killer of Peter's wife and daughters.
Why it's attractive
Needs Gold Key to defeat: Stephen confessed to slaughtering Peter's family at his doorstep. The instinct that Peter was justified is the most powerful cognitive pull in the question. Without the no-vendetta anchor, A survives.
Why it's wrong
Needs Gold Key to defeat: Stephen confessed to slaughtering Peter's family at his doorstep. The instinct that Peter was justified is the most powerful cognitive pull in the question. Without the no-vendetta anchor, A survives.
16044_barnabas_haul · CRIMINAL · Choice DStephen assumed the risk of death by voluntarily participating in the scheme.
Why it's attractive
Assumption of risk is a tort defense. Criminal law does not recognize it. The question is in Criminal Law, not Torts.
Why it's wrong
Assumption of risk is a tort defense. Criminal law does not recognize it. The question is in Criminal Law, not Torts.
16063_fishing_death · CRIMINAL · Choice ALydia put a strong emetic in a rival merchant's drink at a market, intending only to make him publicly embarrassed and sick. The rival drank it and had a fatal reaction.
Why it's attractive
No intent to kill, but forcing someone to ingest a strong emetic shows conscious disregard of lethal risk — that's depraved-heart malice
Why it's wrong
No intent to kill, but forcing someone to ingest a strong emetic shows conscious disregard of lethal risk — that's depraved-heart malice
16063_fishing_death · CRIMINAL · Choice BAndrew's wife had terminal cancer and was in constant, screaming pain. At her repeated request, Andrew gave her a fatal overdose of her prescription pain medication.
Why it's attractive
Sympathetic facts don't negate intent. Andrew intentionally caused death. Courts don't recognize mercy as a defense to murder.
Why it's wrong
Sympathetic facts don't negate intent. Andrew intentionally caused death. Courts don't recognize mercy as a defense to murder.
16063_fishing_death · CRIMINAL · Choice CPaul discovered that his business partner had embezzled their entire church-building fund. The following day, Paul waited outside the partner's house and killed him with a crossbow.
Why it's attractive
Embezzlement is provocation, but 'following day' = cooling time. Heat-of-passion defense requires no reasonable opportunity to cool off.
Why it's wrong
Embezzlement is provocation, but 'following day' = cooling time. Heat-of-passion defense requires no reasonable opportunity to cool off.
16114_camp-silence · CRIMINAL · Choice BRobbery, because he obtained money from Hannah by threat and intimidation.
Why it's wrong
Choice B is not the credited answer for this item.
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