Ear Falsity Backwards
This trap appears as a wrong-answer choice in 11 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
- Evidence5
- Real Property3
- CRIMINAL2
- Contracts1
Example wrong choices
14455_tutor-piano · CONTRACTS · Choice AOnly the student is in breach and liable for the teacher's damages, if any.
Why it's attractive
The student's payment duty was not yet due; refusing to pay early is not a breach
Why it's wrong
The student's payment duty was not yet due; refusing to pay early is not a breach
14676_church_youth_accusation · CRIMINAL · Choice Adid not intend to cause Peter's death.
Why it's wrong
Choice A is not the credited answer for this item.
14676_church_youth_accusation · CRIMINAL · Choice Bdid not act with malice.
Why it's wrong
Choice B is not the credited answer for this item.
17377_transcript_confession · EVIDENCE · Choice COverrule the objection, because privilege belongs only to the clergy member.
Why it's attractive
Always name the protected party. The privilege protects the *penitent's* confidential communication; the clergy is a *recipient*, not the holder. Cut.
Why it's wrong
Always name the protected party. The privilege protects the *penitent's* confidential communication; the clergy is a *recipient*, not the holder. Cut.
17584_silver_bracelets_lydia · EVIDENCE · Choice AOverrule the objection, because the judge has determined that Lydia knowingly possessed the stolen bracelets.
Why it's attractive
Stem says 'may, but need not' — this is the opposite of 'the judge has determined.' The instruction gives the jury permission to draw an inference; it does not make a finding. Choice A reverses the direction of the instruction.
Why it's wrong
Stem says 'may, but need not' — this is the opposite of 'the judge has determined.' The instruction gives the jury permission to draw an inference; it does not make a finding. Choice A reverses the direction of the instruction.
17955_pottery-sale · EVIDENCE · Choice ASustain the objection only if Hannah first testified that she is peaceful.
Why it's attractive
The choice makes admissibility turn on a condition (Hannah testifying she is peaceful) that does not govern the initial admissibility of reputation evidence under 608(a)
Why it's wrong
The choice makes admissibility turn on a condition (Hannah testifying she is peaceful) that does not govern the initial admissibility of reputation evidence under 608(a)
18866_esthers_psalm_garden · REAL_PROPERTY · Choice BEsther, because Esther never gave Paul permission to return.
Why it's attractive
The choice uses a no-permission fact as if it defeats the possessor.
Why it's wrong
The choice uses a no-permission fact as if it defeats the possessor.
20431_customs-bailiff-affidavit · EVIDENCE · Choice BConsider only Hannah's statement about misunderstanding the instruction, because it directly explains her vote.
Why it's attractive
'Directly explains her vote' is the hallmark of barred mental-process testimony, not a reason to admit it.
Why it's wrong
'Directly explains her vote' is the hallmark of barred mental-process testimony, not a reason to admit it.
22003_vineyard · REAL_PROPERTY · Choice APhilemon, because Naomi handed the deed only to Timothy, and Timothy devised the vineyard to Philemon.
Why it's attractive
Survives CUT (assumes valid delivery); loses the CLASH on survivorship.
Why it's wrong
Survives CUT (assumes valid delivery); loses the CLASH on survivorship.
22056_naomi-caleb-subletting · REAL_PROPERTY · Choice AYes, because in the absence of a specific agreement to the contrary, a tenant may not transfer the entire balance of a leasehold interest without the landlord's express permission.
Why it's attractive
States tenants cannot assign without permission absent a specific agreement — reverses the baseline. Absent restriction, assignment is permitted.
Why it's wrong
States tenants cannot assign without permission absent a specific agreement — reverses the baseline. Absent restriction, assignment is permitted.
22211_lydia-purple-cloth · EVIDENCE · Choice AAn original document under the best evidence rule.
Why it's attractive
BER governs when originals are required, not whether hearsay is admissible
Why it's wrong
BER governs when originals are required, not whether hearsay is admissible
22276_harvest_wine_barn · CRIMINAL · Choice ALydia was so intoxicated that she did not realize Stephen was engaging in sexual intercourse with her.
Why it's attractive
the fact is about the VICTIM and makes her non-consent clearer, not the defendant's intent weaker
Why it's wrong
the fact is about the VICTIM and makes her non-consent clearer, not the defendant's intent weaker
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