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Dominant Trap Preserved

This trap appears as a wrong-answer choice in 8 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

  • CRIMINAL4
  • Contracts2
  • Evidence2

Example wrong choices

first 20
  • 14472_lydias_lantern_wall · CONTRACTS · Choice ABarnabas, because a contract to build goods using technology under development imposes only a duty on the builder to use its best efforts to achieve the result contracted for.

    Why it's attractive

    The answer uses 'only' to reduce a delivery promise into best efforts without contract language doing that.

    Why it's wrong

    The answer uses 'only' to reduce a delivery promise into best efforts without contract language doing that.

  • 14472_lydias_lantern_wall · CONTRACTS · Choice CBarnabas, because its performance of the contract was objectively impossible.

    Why it's attractive

    It answers whether the technology failed, but not who bore the risk of that failure.

    Why it's wrong

    It answers whether the technology failed, but not who bore the risk of that failure.

  • 14472_lydias_lantern_wall · CONTRACTS · Choice DLydia, because the law of impossibility does not apply to merchants under the applicable law.

    Why it's attractive

    The answer gives a categorical rule about merchants; that must be checked against the anchor.

    Why it's wrong

    The answer gives a categorical rule about merchants; that must be checked against the anchor.

  • 14473_psalm_grove_closing · CONTRACTS · Choice Awin, because Lydia's July 8 statement gave Timothy reasonable grounds to be insecure about Lydia's performance.

    Why it's attractive

    A turns fear about future performance into a present lawsuit remedy.

    Why it's wrong

    A turns fear about future performance into a present lawsuit remedy.

  • 14473_psalm_grove_closing · CONTRACTS · Choice Close, because the parties contracted for the sale and conveyance of a single parcel, and a seller can never sue for breach of that kind of contract before the agreed closing date.

    Why it's attractive

    C uses the word never and makes the single-parcel fact do too much.

    Why it's wrong

    C uses the word never and makes the single-parcel fact do too much.

  • 14473_psalm_grove_closing · CONTRACTS · Choice Dwin, because Lydia committed a total breach by anticipatorily repudiating the March 3 contract on July 8.

    Why it's attractive

    D grabs market regret but skips the 'unless required' phrase.

    Why it's wrong

    D grabs market regret but skips the 'unless required' phrase.

  • 14566_choir_alibi_immunity · CRIMINAL · Choice AAsk Lydia's lawyer to explain that ordinary evidence rules do not control grand-jury proceedings and that Lydia must answer.

    Why it's attractive

    Evidence-rule language does not answer a privilege claim.

    Why it's wrong

    Evidence-rule language does not answer a privilege claim.

  • 14566_choir_alibi_immunity · CRIMINAL · Choice CPrepare the documents necessary to grant Lydia immunity from any future prosecution for any crime her testimony might disclose.

    Why it's attractive

    The call asks least harm; this gives extra immunity.

    Why it's wrong

    The call asks least harm; this gives extra immunity.

  • 14566_choir_alibi_immunity · CRIMINAL · Choice DRequest that the grand jury simply order Lydia to answer the question.

    Why it's attractive

    A command alone does not cure self-incrimination.

    Why it's wrong

    A command alone does not cure self-incrimination.

  • 14567_bookstore_bedroom_miranda · CRIMINAL · Choice AThe statement was not voluntary.

    Why it's attractive

    Voluntariness is harder than the obvious warning defect.

    Why it's wrong

    Voluntariness is harder than the obvious warning defect.

  • 14567_bookstore_bedroom_miranda · CRIMINAL · Choice BThe police did not have a search warrant authorizing entry into the house.

    Why it's attractive

    Entry into the suspect home is not the statement defect.

    Why it's wrong

    Entry into the suspect home is not the statement defect.

  • 14567_bookstore_bedroom_miranda · CRIMINAL · Choice DDaniel was not told he was under arrest until after he made the statement.

    Why it's attractive

    Custody does not wait for magic words.

    Why it's wrong

    Custody does not wait for magic words.

  • 14571_boarded_cottage_payton · CRIMINAL · Choice AYes, because the officers entered the cottage by means of excessive force.

    Why it's attractive

    Force is vivid but not the dispositive warrant limit.

    Why it's wrong

    Force is vivid but not the dispositive warrant limit.

  • 14571_boarded_cottage_payton · CRIMINAL · Choice BNo, because the officers acted in good faith under the authority of a valid warrant.

    Why it's attractive

    Valid warrant is only half the Payton rule.

    Why it's wrong

    Valid warrant is only half the Payton rule.

  • 14571_boarded_cottage_payton · CRIMINAL · Choice DNo, because the officers did not violate any legitimate expectation of privacy since Ruth had abandoned the cottage.

    Why it's attractive

    Neglect facts do not equal abandoned privacy.

    Why it's wrong

    Neglect facts do not equal abandoned privacy.

  • 14725_lydias_hymn_leaf · CRIMINAL · Choice Bcommitted forgery, because she created a false writing with intent to defraud, but has not committed false pretenses, because she refused to guarantee authenticity.

    Why it's attractive

    It hears fake writing and disclaimer, but skips legal efficacy and the source lie.

    Why it's wrong

    It hears fake writing and disclaimer, but skips legal efficacy and the source lie.

  • 14725_lydias_hymn_leaf · CRIMINAL · Choice Cnot committed forgery, because the devotional page had no apparent legal significance, and has not committed false pretenses, because she refused to guarantee authenticity.

    Why it's attractive

    It treats no authenticity guarantee as the only fraud fact, but the stem supplies a source lie.

    Why it's wrong

    It treats no authenticity guarantee as the only fraud fact, but the stem supplies a source lie.

  • 14725_lydias_hymn_leaf · CRIMINAL · Choice Dcommitted both forgery and false pretenses.

    Why it's attractive

    It gets the fraud sale but lets fake writing plus intent overrun the legal-efficacy gate.

    Why it's wrong

    It gets the fraud sale but lets fake writing plus intent overrun the legal-efficacy gate.

  • 14800_retreat_laryngitis_letter · EVIDENCE · Choice ANo, because Ruth’s physician has not been shown to be unavailable.

    Why it's wrong

    Choice A is not the credited answer for this item.

  • 14800_retreat_laryngitis_letter · EVIDENCE · Choice BYes, because it was relied upon by Ruth’s medical expert.

    Why it's wrong

    Choice B is not the credited answer for this item.

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Dominant Trap Preserved — Trap Taxonomy | BarMatrix