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Evidence Demand Trap

This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”

Subject distribution

  • Civil Procedure1

Example wrong choices

  • 18535_christian_coffee_cart_vague_complaint · CIVIL_PROCEDURE · Choice AYes, because Rule 12(e) lets the defendants demand the plaintiff's evidence before answering.

    Why it's attractive

    It asks for evidence, not missing pleading details.

    Why it's wrong

    It asks for evidence, not missing pleading details.

  • 18535_christian_coffee_cart_vague_complaint · CIVIL_PROCEDURE · Choice BNo, because Rule 12(e) is only a post-trial motion.

    Why it's attractive

    It puts Rule 12(e) after trial, but the motion is made before a response.

    Why it's wrong

    It puts Rule 12(e) after trial, but the motion is made before a response.

  • 18535_christian_coffee_cart_vague_complaint · CIVIL_PROCEDURE · Choice CNo, because a vague complaint can never be challenged before the defendant answers.

    Why it's attractive

    It says vague complaints can never be challenged, but Rule 12(e) exists for unintelligible pleadings.

    Why it's wrong

    It says vague complaints can never be challenged, but Rule 12(e) exists for unintelligible pleadings.

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