Fabricated Doctrine
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
- CRIMINAL1
Example wrong choices
22283_computer-trespass · CRIMINAL · Choice AYes, because a mistake of fact does not prevent a person from being guilty of a criminal attempt.
Why it's attractive
The choice states a rule about mistake of FACT, but Lydia's error was a mistake of LAW — she knew she was accessing her own account. The rule doesn't apply.
Why it's wrong
The choice states a rule about mistake of FACT, but Lydia's error was a mistake of LAW — she knew she was accessing her own account. The rule doesn't apply.
22283_computer-trespass · CRIMINAL · Choice BYes, because her mistake of law resulted from reasonable reliance on the advice of a trusted authority figure.
Why it's attractive
The choice appeals to fairness, but attempt turns on whether the intended result is actually criminal, not on whether the defendant relied on advice.
Why it's wrong
The choice appeals to fairness, but attempt turns on whether the intended result is actually criminal, not on whether the defendant relied on advice.
22283_computer-trespass · CRIMINAL · Choice DNo, because Lydia's attempt is subsumed in the substantive crime of academic fraud.
Why it's attractive
The choice invents a rule that attempt merges into a different substantive crime. No such doctrine exists.
Why it's wrong
The choice invents a rule that attempt merges into a different substantive crime. No such doctrine exists.
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