Ear Overclaim Extreme Of Range
This trap appears as a wrong-answer choice in 9 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
- Evidence3
- Civil Procedure1
- Real Property1
Example wrong choices
14798_fair_alley · EVIDENCE · Choice BYes, because it is an excerpt from a public agency's report offered in a civil case.
Why it's attractive
Student maps 'public record + civil case = admissible' and forgets the multi-layer requirement. C3 move: when a statement has TWO layers, BOTH must independently fit an exception; one layer fitting does not save the other.
Why it's wrong
Student maps 'public record + civil case = admissible' and forgets the multi-layer requirement. C3 move: when a statement has TWO layers, BOTH must independently fit an exception; one layer fitting does not save the other.
14982_art_collection · REAL_PROPERTY · Choice BStephen and Tabitha, and all other grandchildren who may in the future be born to Lydia.
Why it's attractive
The class of grandchildren closed at Solomon's death. No more grandchildren can be born after the testator is dead. Lydia's future children are not Solomon's grandchildren.
Why it's wrong
The class of grandchildren closed at Solomon's death. No more grandchildren can be born after the testator is dead. Lydia's future children are not Solomon's grandchildren.
14982_art_collection · REAL_PROPERTY · Choice CSolomon's brother, Aaron.
Why it's attractive
The art collection is a specific bequest to the class, not part of the residue. The brother (Aaron) is the residuary beneficiary, but specific bequests that are satisfied do not fall into the residue.
Why it's wrong
The art collection is a specific bequest to the class, not part of the residue. The brother (Aaron) is the residuary beneficiary, but specific bequests that are satisfied do not fall into the residue.
17006_barnabas-boatworks · CIVIL_PROCEDURE · Choice CYes, because by producing documents and taking depositions the company made a general appearance, which waives any personal-jurisdiction defense.
Why it's attractive
Reaches the correct 'Yes' but via a per-se rule; between two 'Yes' choices the automatic one is the trap.
Why it's wrong
Reaches the correct 'Yes' but via a per-se rule; between two 'Yes' choices the automatic one is the trap.
17715_motorcycle_restoration · EVIDENCE · Choice CNo, because only documentary evidence can be preserved without a formal offer.
Why it's attractive
The word 'only' narrows the context exception to one evidence category. The rule applies to all evidence, not just documentary.
Why it's wrong
The word 'only' narrows the context exception to one evidence category. The rule applies to all evidence, not just documentary.
18385_rebecca-cell · CRIMINAL · Choice BYes, because any informant in the cell after indictment automatically violates the Sixth Amendment
Why it's wrong
Choice B is not the credited answer for this item.
19143_naomi-impound · CRIMINAL · Choice CYes, because inventory searches allow police to search anywhere for evidence
Why it's wrong
Choice C is not the credited answer for this item.
20168_caleb-theft · CRIMINAL · Choice APolice avoided the Sixth Amendment because they used a different label for the questioning
Why it's wrong
Choice A is not the credited answer for this item.
20431_customs-bailiff-affidavit · EVIDENCE · Choice AConsider both statements because the verdict's validity is being challenged.
Why it's attractive
Real power to inquire into validity stretched to swallow the mental-process bar.
Why it's wrong
Real power to inquire into validity stretched to swallow the mental-process bar.
20575_miriam-sedan · CRIMINAL · Choice AYes, because probable cause for a vehicle permits every container search no matter the object
Why it's wrong
Choice A is not the credited answer for this item.
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