Correct Conclusion Wrong Reason
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
- Evidence1
- Real Property1
Example wrong choices
14827_the-fishing-dock-witness · EVIDENCE · Choice B{'text': 'No, because it calls for hearsay not within any exception.', 'selection_pct': 4, 'pct_provenance': 'inherited'}
Why it's attractive
Hearsay requires a statement offered for its truth. This question tests what the witness has heard — it is not offered to prove the underlying falsification occurred. False on its face.
Why it's wrong
Hearsay requires a statement offered for its truth. This question tests what the witness has heard — it is not offered to prove the underlying falsification occurred. False on its face.
14827_the-fishing-dock-witness · EVIDENCE · Choice C{'text': 'No, because its minimal relevance to the issue of false catch reports is substantially outweighed by the danger of unfair prejudice.', 'selection_pct': 4, 'pct_provenance': 'inherited'}
Why it's attractive
The 403 balance described here presupposes the evidence is offered to prove catch-report fraud. It isn't. The evidence is offered to test the witness's knowledge of Peter's reputation. The C analysis is solving for the wrong purpose.
Why it's wrong
The 403 balance described here presupposes the evidence is offered to prove catch-report fraud. It isn't. The evidence is offered to test the witness's knowledge of Peter's reputation. The C analysis is solving for the wrong purpose.
14827_the-fishing-dock-witness · EVIDENCE · Choice D{'text': "Yes, because an affirmative answer will be probative of Peter's character trait for dishonesty and, therefore, his guilt.", 'selection_pct': 17, 'pct_provenance': 'inherited'}
Why it's attractive
Says 'Yes' (right), but the reason (proves guilt via character conformity) is exactly what FRE 405(a) prohibits. The anchor is required to name the forbidden purpose.
Why it's wrong
Says 'Yes' (right), but the reason (proves guilt via character conformity) is exactly what FRE 405(a) prohibits. The anchor is required to name the forbidden purpose.
14920_farmstead · REAL_PROPERTY · Choice ANo, because the quoted provision is an enforceable restrictive covenant that runs with the land.
Why it's attractive
Correct conclusion but misidentifies the doctrine
Why it's wrong
Correct conclusion but misidentifies the doctrine
14920_farmstead · REAL_PROPERTY · Choice CYes, because the farmer's warranty deed conveyed a fee simple absolute and the farmer cannot derogate from his own grant.
Why it's attractive
Misapplies derogation doctrine to an inherent feature of the estate
Why it's wrong
Misapplies derogation doctrine to an inherent feature of the estate
14920_farmstead · REAL_PROPERTY · Choice DYes, because a charitable trust to support religious education will attach to the sale proceeds.
Why it's attractive
Confuses right to sell with obligation to deliver marketable title
Why it's wrong
Confuses right to sell with obligation to deliver marketable title
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