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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 20
  • 14403_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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