Exception Over Applied
This trap appears as a wrong-answer choice in 7 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
- CRIMINAL3
- Evidence3
- Real Property1
Example wrong choices
14599_bethany_stoneworks_inventory · CRIMINAL · Choice Adenied, because warrantless administrative inspections of commercial premises are valid without a warrant.
Why it's attractive
The answer says commercial premises generally, while the stem gives a special regulated industry.
Why it's wrong
The answer says commercial premises generally, while the stem gives a special regulated industry.
14599_bethany_stoneworks_inventory · CRIMINAL · Choice Csustained, because the safety-and-theft purpose of the statute is merely a pretext for conducting criminal searches.
Why it's attractive
The stem gives a routine regulatory inspection, but the answer treats the search as ordinary criminal pretext.
Why it's wrong
The stem gives a routine regulatory inspection, but the answer treats the search as ordinary criminal pretext.
14599_bethany_stoneworks_inventory · CRIMINAL · Choice Dsustained, because the inspection code gives mine inspectors and police unbridled discretion to conduct warrantless searches.
Why it's attractive
Unbridled means no meaningful limits; the stem lists limits.
Why it's wrong
Unbridled means no meaningful limits; the stem lists limits.
14760_forklift_warehouse · EVIDENCE · Choice AYes, as a statement made for purposes of medical diagnosis or treatment.
Why it's attractive
803(4) is real, but a fault accusation isn't pertinent to treatment — needs the pertinence Gold Key.
Why it's wrong
803(4) is real, but a fault accusation isn't pertinent to treatment — needs the pertinence Gold Key.
14760_forklift_warehouse · EVIDENCE · Choice BYes, as an excited utterance.
Why it's attractive
Three-hour delay is visible in the stem; excited utterance needs ongoing stress.
Why it's wrong
Three-hour delay is visible in the stem; excited utterance needs ongoing stress.
14760_forklift_warehouse · EVIDENCE · Choice DNo, because it relates an opinion.
Why it's attractive
No rule excludes hearsay just for being an opinion; the stated reason invents a requirement.
Why it's wrong
No rule excludes hearsay just for being an opinion; the stated reason invents a requirement.
14830_lydia_bike_repair_adjuster · EVIDENCE · Choice AYes, for both substantive and impeachment purposes.
Why it's attractive
The word both over-expands the allowed use.
Why it's wrong
The word both over-expands the allowed use.
14830_lydia_bike_repair_adjuster · EVIDENCE · Choice BNo, because testimony about liability insurance is barred by the rules of evidence.
Why it's attractive
The answer says insurance is barred with no exception.
Why it's wrong
The answer says insurance is barred with no exception.
14830_lydia_bike_repair_adjuster · EVIDENCE · Choice DNo, because the reference to insurance raises a collateral issue.
Why it's attractive
Bias is not a side issue when the witness's credibility is being tested.
Why it's wrong
Bias is not a side issue when the witness's credibility is being tested.
14834_orchard-dying-declaration · EVIDENCE · Choice Ba preliminary fact question for the judge, and the judge must not consider the affidavit.
Why it's attractive
correctly names judge, then over-applies the hearsay bar
Why it's wrong
correctly names judge, then over-applies the hearsay bar
18884_naomi_loading_hall_photo · CRIMINAL · Choice BYes, because every single-image display is automatically excluded.
Why it's attractive
The answer turns a suggestiveness concern into an automatic exclusion rule.
Why it's wrong
The answer turns a suggestiveness concern into an automatic exclusion rule.
22052_stephen_pottery · REAL_PROPERTY · Choice AStephen's brothers must pay a portion of the sums Stephen spent on principal, interest, and taxes, and any right that Stephen has against the brothers is subject to a setoff for the reasonable rental value of the premises.
Why it's attractive
Correctly awards carrying charges, then adds a rental-value setoff though there was no ouster and no partition accounting.
Why it's wrong
Correctly awards carrying charges, then adds a rental-value setoff though there was no ouster and no partition accounting.
22408 · CRIMINAL · Choice DYes, because the cocaine was in plain view.
Why it's attractive
The cocaine was visible, but plain view only helps if the officers were allowed to be where they were.
Why it's wrong
The cocaine was visible, but plain view only helps if the officers were allowed to be where they were.
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