Cost Creates Appeal
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
- Civil Procedure1
Example wrong choices
19793_dove_candle_ledgers · CIVIL_PROCEDURE · Choice AYes, because any discovery order that deals with a side issue instead of the merits is immediately appealable.
Why it's attractive
The student recognizes that collateral-order doctrine deals with issues separate from the merits. The breaker is that one prong is not the whole appealability gate.
Why it's wrong
It treats separateness from the merits as enough and omits the narrowness/effective-unreviewability gate.
Spot it next time
Say: one prong is not the test.
19793_dove_candle_ledgers · CIVIL_PROCEDURE · Choice CNo, because a discovery order can never be challenged by any route.
Why it's attractive
The student knows ordinary discovery orders usually are not appealable now and overcorrects. The breaker is that no immediate appeal does not mean no challenge by any route.
Why it's wrong
It says discovery orders can never be challenged, turning no immediate appeal into no review by any route.
Spot it next time
Say: not now is not never.
19793_dove_candle_ledgers · CIVIL_PROCEDURE · Choice DYes, because an expensive production order automatically qualifies as a collateral order.
Why it's attractive
The student treats expense as a fairness reason for immediate appellate protection. The breaker is that cost does not automatically satisfy collateral-order narrowness.
Why it's wrong
It says expense automatically creates a collateral order.
Spot it next time
Say: cost is bait; gate first.
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