Exception Hunting
This trap appears as a wrong-answer choice in 4 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
- Evidence3
- Contracts1
Example wrong choices
14761_harvest_festival_ladder · EVIDENCE · Choice AYes, as a present sense impression.
Why it's attractive
PSI must describe/explain the event; an apology describes nothing about the fall.
Why it's wrong
PSI must describe/explain the event; an apology describes nothing about the fall.
14761_harvest_festival_ladder · EVIDENCE · Choice CNo, because it is not relevant to the issue of liability.
Why it's attractive
An apology + payment offer tends to show fault; relevance bar is a mere tendency.
Why it's wrong
An apology + payment offer tends to show fault; relevance bar is a mere tendency.
14761_harvest_festival_ladder · EVIDENCE · Choice DNo, because it was an offer of compromise.
Why it's attractive
Money + contrition looks like settlement, but 408 needs a disputed claim that did not yet exist.
Why it's wrong
Money + contrition looks like settlement, but 408 needs a disputed claim that did not yet exist.
14788_noahs_ark_puppet · EVIDENCE · Choice Binadmissible, because the statement is not clearly corroborated.
Why it's attractive
B imports the statement-against-interest corroboration requirement into an impeachment question.
Why it's wrong
B imports the statement-against-interest corroboration requirement into an impeachment question.
14788_noahs_ark_puppet · EVIDENCE · Choice Cadmissible, as a declaration against penal interest.
Why it's attractive
C reaches the right admissibility result through the wrong hearsay exception.
Why it's wrong
C reaches the right admissibility result through the wrong hearsay exception.
14788_noahs_ark_puppet · EVIDENCE · Choice Dinadmissible, because it is hearsay not within any exception.
Why it's attractive
D grades the statement as if Martha offered it to prove Barnabas acted alone.
Why it's wrong
D grades the statement as if Martha offered it to prove Barnabas acted alone.
22157_christian_shepherd_dispute · EVIDENCE · Choice ANo, because Peter is unavailable to testify.
Why it's attractive
FRE 803 exceptions do not require unavailability; this choice states the opposite
Why it's wrong
FRE 803 exceptions do not require unavailability; this choice states the opposite
22157_christian_shepherd_dispute · EVIDENCE · Choice BNo, because Peter's statement is inadmissible hearsay.
Why it's attractive
The statement IS hearsay, but the choice ignores that a valid exception (803(3)) applies
Why it's wrong
The statement IS hearsay, but the choice ignores that a valid exception (803(3)) applies
22157_christian_shepherd_dispute · EVIDENCE · Choice DYes, because Peter's statement was an excited utterance.
Why it's attractive
Peter's emotional language ('I can't take this anymore!') mimics excitement, but there is no startling event — 803(2) requires a startling event
Why it's wrong
Peter's emotional language ('I can't take this anymore!') mimics excitement, but there is no startling event — 803(2) requires a startling event
22470_jericho_wall_panels · CONTRACTS · Choice ANo, because Lydia never negotiated a price or expressly bargained for Peter's company's hauling.
Why it's attractive
This treats negotiation or a cash price as required, but the stem shows the return performance Lydia wanted.
Why it's wrong
This treats negotiation or a cash price as required, but the stem shows the return performance Lydia wanted.
22470_jericho_wall_panels · CONTRACTS · Choice BNo, because the panels were a gift that Peter's company accepted by satisfying a pickup condition.
Why it's attractive
Free plus pickup sounds like gift, but the pickup is the benefit Lydia sought.
Why it's wrong
Free plus pickup sounds like gift, but the pickup is the benefit Lydia sought.
22470_jericho_wall_panels · CONTRACTS · Choice DYes, because Peter's company relied on Lydia's promise to its detriment.
Why it's attractive
The answer reaches for reliance, but the stem gives no separate reliance move.
Why it's wrong
The answer reaches for reliance, but the stem gives no separate reliance move.
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