Ear Distortion Half Truth
This trap appears as a wrong-answer choice in 24 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
- CRIMINAL10
- Evidence4
- Real Property4
- Contracts3
- Constitutional Law2
- Civil Procedure1
Example wrong choices
first 2014403_hymnal-collection-visit · CONTRACTS · Choice AInadequate consideration.
Why it's attractive
Low price is visible, but the contract still has money exchanged for property.
Why it's wrong
Low price is visible, but the contract still has money exchanged for property.
14455_tutor-piano · CONTRACTS · Choice DBoth parties are in breach, and each is entitled to damages, if any, from the other.
Why it's attractive
The teacher did breach, but the student's refusal to pay something not yet due is not a breach
Why it's wrong
The teacher did breach, but the student's refusal to pay something not yet due is not a breach
14602_walled-prayer-courtyard · CRIMINAL · Choice Agrant the motion, because Lydia had a reasonable expectation of privacy in the curtilage around her home and the police did not have a warrant.
Why it's attractive
Points to a real privacy fact but ignores the aerial-vantage rule that defeats objective reasonableness.
Why it's wrong
Points to a real privacy fact but ignores the aerial-vantage rule that defeats objective reasonableness.
14676_church_youth_accusation · CRIMINAL · Choice Dacted under extreme emotional distress.
Why it's wrong
Choice D is not the credited answer for this item.
14789_ruth_wedding_dress · EVIDENCE · Choice Badmissible, because the statement falls within the present sense impression exception to the hearsay rule.
Why it's attractive
PSI requires a statement 'describing or explaining an event or condition, made while or immediately after' perceiving it. A forward-looking plan for the next four days is not a current perception.
Why it's wrong
PSI requires a statement 'describing or explaining an event or condition, made while or immediately after' perceiving it. A forward-looking plan for the next four days is not a current perception.
14799_fishingboat_picnic · EVIDENCE · Choice BYes, to impeach Stephen and to prove Paul's involvement in the fraud.
Why it's attractive
Clash axis: scope of use. Splitting fact: the oath. Without the oath, FRE 801(d)(1)(A) is not satisfied, so the substantive half collapses.
Why it's wrong
Clash axis: scope of use. Splitting fact: the oath. Without the oath, FRE 801(d)(1)(A) is not satisfied, so the substantive half collapses.
14799_fishingboat_picnic · EVIDENCE · Choice DNo, because it is hearsay not within any exception.
Why it's attractive
Cut. The dispositive element is purpose of offer, not the existence of an exception. Impeachment is a non-hearsay purpose.
Why it's wrong
Cut. The dispositive element is purpose of offer, not the existence of an exception. Impeachment is a non-hearsay purpose.
14982_art_collection · REAL_PROPERTY · Choice DStephen, Tabitha, and Phoebe (the deceased grandchild's mother).
Why it's attractive
The anti-lapse statute substitutes the deceased devisee's 'issue' (lineal descendants), not the heir-at-law. Benjamin had no issue. Phoebe is Benjamin's mother (heir-at-law), not his issue. The statute has nothing to substitute; Benjamin's share lapses to the surviving class members.
Why it's wrong
The anti-lapse statute substitutes the deceased devisee's 'issue' (lineal descendants), not the heir-at-law. Benjamin had no issue. Phoebe is Benjamin's mother (heir-at-law), not his issue. The statute has nothing to substitute; Benjamin's share lapses to the surviving class members.
17279_tractor_field_ruth · CRIMINAL · Choice CMurder, because a person died from Ruth running them over.
Why it's attractive
the variable on a homicide-classification question is the mental state, not the death
Why it's wrong
the variable on a homicide-classification question is the mental state, not the death
17279_tractor_field_ruth · CRIMINAL · Choice DNo homicide liability, because Ruth honestly believed she was driving over a hay bale.
Why it's attractive
the reasonableness element is missing; the belief was formed by failing to observe a basic safety rule
Why it's wrong
the reasonableness element is missing; the belief was formed by failing to observe a basic safety rule
17281_hospitality_course · CONSTITUTIONAL_LAW · Choice CThe statute is invalid only if it discriminates by viewpoint.
Why it's attractive
a statute can have multiple independent constitutional defects; a single defect is sufficient to invalidate it; the structural missing-enumerated-power objection is the cleanest, most fundamental defect
Why it's wrong
a statute can have multiple independent constitutional defects; a single defect is sufficient to invalidate it; the structural missing-enumerated-power objection is the cleanest, most fundamental defect
17776_hannah-delivery · CRIMINAL · Choice AYes, because the threat involved serious harm
Why it's wrong
Choice A is not the credited answer for this item.
18060_tutor_barnabas · CIVIL_PROCEDURE · Choice AHear it, because personal jurisdiction is not waivable and may be raised at any time.
Why it's attractive
The choice says personal jurisdiction is not waivable. That overstates — only subject matter jurisdiction is non-waivable. The word 'not waivable' is an overclaim detectable from the answer text itself.
Why it's wrong
The choice says personal jurisdiction is not waivable. That overstates — only subject matter jurisdiction is non-waivable. The word 'not waivable' is an overclaim detectable from the answer text itself.
18866_esthers_psalm_garden · REAL_PROPERTY · Choice APaul, because Esther kept him away for only six weeks.
Why it's attractive
The choice focuses on duration of absence and ignores the owner-forced cause.
Why it's wrong
The choice focuses on duration of absence and ignores the owner-forced cause.
19123_stephen-stone-wall · CONTRACTS · Choice AYes, because Stephen was entitled to be paid for the part of the work he performed.
Why it's attractive
States the strong 'he did work, pay him' instinct as a flat entitlement and mirrors the worker's own request.
Why it's wrong
States the strong 'he did work, pay him' instinct as a flat entitlement and mirrors the worker's own request.
19143_naomi-impound · CRIMINAL · Choice DNo, because finding stolen jewelry proves the search was investigative
Why it's wrong
Choice D is not the credited answer for this item.
20108_smuggling_boat_esther · CRIMINAL · Choice DDuress succeeds because Marcus threatened Esther with a fishing knife.
Why it's attractive
the rule has a second half that the choice omits; a yes-on-the-threat-half is not a yes-on-duress
Why it's wrong
the rule has a second half that the choice omits; a yes-on-the-threat-half is not a yes-on-duress
20168_caleb-theft · CRIMINAL · Choice CThe statement is admissible because police did not ask about a weapon
Why it's wrong
Choice C is not the credited answer for this item.
21690_psalms_archive · CRIMINAL · Choice BMartha is not guilty because the manuscript was not actually in the archive room.
Why it's attractive
It turns the manuscript's actual location into a defense.
Why it's wrong
It turns the manuscript's actual location into a defense.
21770_abigail-stool · CRIMINAL · Choice AAbigail has no defense because she was the initial aggressor
Why it's wrong
Choice A is not the credited answer for this item.
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