Exception Omitted
This trap appears as a wrong-answer choice in 19 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
- Evidence6
- CRIMINAL4
- Real Property4
- Contracts3
- Constitutional Law1
- Torts1
Example wrong choices
first 2014396_easter_handbell_plan · CONTRACTS · Choice AYes, because the written protection agreement will be strictly construed against Barnabas as the drafter.
Why it's attractive
The answer talks about construing drafted language, but the call asks enforceability after statutory violation.
Why it's wrong
The answer talks about construing drafted language, but the call asks enforceability after statutory violation.
14396_easter_handbell_plan · CONTRACTS · Choice CNo, because the protection agreement is not a divisible contract.
Why it's attractive
Divisibility has no matching fact in the stem.
Why it's wrong
Divisibility has no matching fact in the stem.
14396_easter_handbell_plan · CONTRACTS · Choice DNo, because the protection agreement violated the statute.
Why it's attractive
The statutory violation is real, but the answer omits the protected-class exception.
Why it's wrong
The statutory violation is real, but the answer omits the protected-class exception.
14431_prayer_garden_cistern · CONTRACTS · Choice A$240,000, because Lydia's promise to pay the additional $18,000 was exacted under duress.
Why it's attractive
The stem gives cost accuracy and schedule pressure, not coercion by the contractor.
Why it's wrong
The stem gives cost accuracy and schedule pressure, not coercion by the contractor.
14431_prayer_garden_cistern · CONTRACTS · Choice C$240,000, because there was no consideration for Lydia's promise to pay the additional $18,000.
Why it's attractive
It is the right default rule, but the hidden cistern facts are there to trigger the exception.
Why it's wrong
It is the right default rule, but the hidden cistern facts are there to trigger the exception.
14431_prayer_garden_cistern · CONTRACTS · Choice D$258,000, because the reasonable value of Stephen's total performance was that much or more.
Why it's attractive
It reaches the same number but uses reasonable value instead of the valid modified contract price.
Why it's wrong
It reaches the same number but uses reasonable value instead of the valid modified contract price.
14660_tent-revival-kerosene · CRIMINAL · Choice CManslaughter.
Why it's attractive
The jurisdictional definition of manslaughter includes 'gross negligence or reckless indifference to consequence.' Hannah's conduct looks reckless. But the gross-negligence prong applies to unlawful conduct — and conduct by omission is only unlawful when there is a prior legal duty. The threshold duty element is the missing piece. half_truth: the manslaughter standard is real, but the legal-duty element is absent.
Why it's wrong
The jurisdictional definition of manslaughter includes 'gross negligence or reckless indifference to consequence.' Hannah's conduct looks reckless. But the gross-negligence prong applies to unlawful conduct — and conduct by omission is only unlawful when there is a prior legal duty. The threshold duty element is the missing piece. half_truth: the manslaughter standard is real, but the legal-duty element is absent.
14776_loaves_fishes_fire_log · EVIDENCE · Choice Aadmissible as a summary of voluminous booking and release records.
Why it's attractive
The witness found no entry; she is not offering a chart or calculation of contents.
Why it's wrong
The witness found no entry; she is not offering a chart or calculation of contents.
14776_loaves_fishes_fire_log · EVIDENCE · Choice Binadmissible, because it is hearsay outside every exception.
Why it's attractive
The choice stops at hearsay and does not account for the no-record exception.
Why it's wrong
The choice stops at hearsay and does not account for the no-record exception.
14776_loaves_fishes_fire_log · EVIDENCE · Choice Dinadmissible, because the booking and release records themselves must be offered.
Why it's attractive
The word must is doing too much work.
Why it's wrong
The word must is doing too much work.
14796_charity-auction-naomi · EVIDENCE · Choice BNo, because Naomi will be afforded no opportunity to explain or deny the later statement.
Why it's attractive
Invokes FRE 613(b)'s explain-or-deny requirement — a real rule for testifying witnesses — but applies it to a hearsay declarant context where FRE 806 expressly overrides it. Right area (prior inconsistent statement impeachment), wrong variant (testifying witness rule vs. hearsay declarant rule).
Why it's wrong
Invokes FRE 613(b)'s explain-or-deny requirement — a real rule for testifying witnesses — but applies it to a hearsay declarant context where FRE 806 expressly overrides it. Right area (prior inconsistent statement impeachment), wrong variant (testifying witness rule vs. hearsay declarant rule).
14861_lydia_luxembourg_ledgers · EVIDENCE · Choice Anot privileged, provided the attorney knew of the conceded illegal purpose for which the advice was sought.
Why it's attractive
Correct result, but it adds a condition the final answer must not add.
Why it's wrong
Correct result, but it adds a condition the final answer must not add.
14861_lydia_luxembourg_ledgers · EVIDENCE · Choice Cprivileged, because the proposed storage would occur outside the jurisdiction of the United States.
Why it's attractive
It makes geography do privilege work.
Why it's wrong
It makes geography do privilege work.
14861_lydia_luxembourg_ledgers · EVIDENCE · Choice Dprivileged, because an attorney must keep client confidences.
Why it's attractive
It states the normal rule while omitting the exception-triggering facts.
Why it's wrong
It states the normal rule while omitting the exception-triggering facts.
14895_ark-ledger · EVIDENCE · Choice AYes, because honesty is a pertinent character trait offered by an accused.
Why it's attractive
It answers whether honesty can matter, not whether specific acts are the allowed form.
Why it's wrong
It answers whether honesty can matter, not whether specific acts are the allowed form.
14990_silent-festival-parcels · REAL_PROPERTY · Choice Athe present value, measured over Martha's expected lifetime, of the investment return Ruth lost by paying the tax bill now.
Why it's attractive
The answer calculates a remedy before proving any reimbursement duty exists.
Why it's wrong
The answer calculates a remedy before proving any reimbursement duty exists.
14990_silent-festival-parcels · REAL_PROPERTY · Choice Bnothing, because Martha's present possession gave her the right to decide whether taxes on the empty parcels should be paid.
Why it's attractive
The choice makes possession the reason, but the stem's repeated signal is no income.
Why it's wrong
The choice makes possession the reason, but the stem's repeated signal is no income.
14990_silent-festival-parcels · REAL_PROPERTY · Choice Dthe amount paid, because a life tenant must pay current charges on property held for life.
Why it's attractive
The choice ignores the income exception after the stem tells you the parcels produced none.
Why it's wrong
The choice ignores the income exception after the stem tells you the parcels produced none.
15009_scripture-print-fixtures · REAL_PROPERTY · Choice CFor Ruth, because all of the items may be removed as trade fixtures without any obligation to repair or restore the leased space.
Why it's attractive
Correct party but deletes restoration.
Why it's wrong
Correct party but deletes restoration.
15014 · REAL_PROPERTY · Choice Cvalid, but only so long as the original grantees from the landowner own their respective tracts of Peterhill.
Why it's attractive
The phrase 'only so long as' imposes an original-owner limit. The deed text says the opposite: heirs, assigns, successors, and any owner of Peterhill.
Why it's wrong
The phrase 'only so long as' imposes an original-owner limit. The deed text says the opposite: heirs, assigns, successors, and any owner of Peterhill.
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