Fabricated Rule
This trap appears as a wrong-answer choice in 359 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
- CRIMINAL94
- Contracts59
- Real Property57
- Evidence54
- Civil Procedure35
- Constitutional Law29
- Torts23
- Criminal Law8
Example wrong choices
first 2014014_scripture_cart_jury_poll · CIVIL_PROCEDURE · Choice DYes, because the judge was required to send the jurors back for further deliberations once the poll showed no unanimity.
Why it's attractive
The answer turns one available post-poll remedy into the only remedy.
Why it's wrong
The answer turns one available post-poll remedy into the only remedy.
14071_threshing-sledge-patent · CIVIL_PROCEDURE · Choice DThe judgment cannot stand because the two Brazilian jurors had an inadequate command of English.
Why it's attractive
Stem says English was adequate and no for-cause strike was sought; non-native English is not itself a reversal ground.
Why it's wrong
Stem says English was adequate and no for-cause strike was sought; non-native English is not itself a reversal ground.
14090_federal_military_property_duty_defense · CIVIL_PROCEDURE · Choice BYes, because Ruth's claim is automatically preempted by a federal defense.
Why it's wrong
Choice B is not the credited answer for this item.
14108_ebike_delivery_sign · CIVIL_PROCEDURE · Choice DYes, because Lydia waived the issue by not anticipating and rebutting the sign evidence in her case-in-chief.
Why it's attractive
It invents a duty to answer a defense before the defendant raises it.
Why it's wrong
It invents a duty to answer a defense before the defendant raises it.
14132_lydia_vineyard_smj · CIVIL_PROCEDURE · Choice DYes, because Lydia's lawyer may move for summary judgment now that Barnabas has contradicted the contract.
Why it's attractive
Choice uses a familiar case-stopping device, but the timing is wrong because trial is underway.
Why it's wrong
Choice uses a familiar case-stopping device, but the timing is wrong because trial is underway.
14148_vineyard-sanctions · CIVIL_PROCEDURE · Choice BYes, because Hannah's complaint did not make it apparent on its face that the legal theory was supported by existing law or a nonfrivolous argument for extending it.
Why it's attractive
Requires Gold Key: Rule 11 does not require complaint to affirmatively display legal basis on face; certification is implicit in signature
Why it's wrong
Requires Gold Key: Rule 11 does not require complaint to affirmatively display legal basis on face; certification is implicit in signature
14216_retreat_shuttle · CIVIL_PROCEDURE · Choice DYes. Barnabas will be precluded from relitigating whether he negligently backed into the tent.
Why it's attractive
It treats party status alone as enough for issue preclusion.
Why it's wrong
It treats party status alone as enough for issue preclusion.
14222_piano_tutor_counterclaim_default · CIVIL_PROCEDURE · Choice AYes, because Peter's failure to answer the counterclaim alone authorizes the clerk to enter a default judgment.
Why it's attractive
The stem separates entry of default from the later request for default judgment.
Why it's wrong
The stem separates entry of default from the later request for default judgment.
14233_galilee_nets_fieldhouse · CONSTITUTIONAL_LAW · Choice BThe intense public preoccupation with professional e-sports teams, coupled with the fact that live gaming finals have become a favorite modern pastime, is sufficient to justify application of the Fourteenth Amendment to the activities of professional e-sports teams.
Why it's attractive
The choice turns public interest and cultural status into state power.
Why it's wrong
The choice turns public interest and cultural status into state power.
14234_barnabas-house · CONSTITUTIONAL_LAW · Choice ABecause the commission's action effectively discriminates against a quasi-suspect class in relation to a basic subsistence need, the commission must prove that the denial is substantially related to an important governmental interest.
Why it's attractive
Choice creates quasi-suspect/basic-subsistence trigger not supplied by the taught anchor.
Why it's wrong
Choice creates quasi-suspect/basic-subsistence trigger not supplied by the taught anchor.
14237_harvest_table_radio_segment · CONSTITUTIONAL_LAW · Choice BNo, because the U.S. Constitution provides a cause of action against any state-accredited school that restricts freedom of speech as a condition of employment.
Why it's attractive
The word any creates an overbroad bridge from accreditation to a constitutional lawsuit.
Why it's wrong
The word any creates an overbroad bridge from accreditation to a constitutional lawsuit.
14275_lantern_launch_observatory · CONSTITUTIONAL_LAW · Choice AYes, because once the League invited the public to the officer-installation ceremony, the Fourteenth Amendment barred it from excluding women from any leadership role connected to that event.
Why it's attractive
The answer turns public attendance into a constitutional trigger without a state decision about the leadership rule.
Why it's wrong
The answer turns public attendance into a constitutional trigger without a state decision about the leadership rule.
14294_bible_quiz_uprising · CONSTITUTIONAL_LAW · Choice Aremand the case to the state supreme court with directions that it resolve the First and Fourteenth Amendment free-speech issue that it discussed in such detail.
Why it's attractive
The state court already gave a plain state-law ground; the unresolved federal merits do not need a remand.
Why it's wrong
The state court already gave a plain state-law ground; the unresolved federal merits do not need a remand.
14324_lydia_illuminated_psalter · CONSTITUTIONAL_LAW · Choice DApply federal law governing sales of movable goods, because the psalter moved in interstate commerce.
Why it's attractive
The choice creates a federal sales law from the travel fact.
Why it's wrong
The choice creates a federal sales law from the travel fact.
14334_bethany_fig_goat_bounty · CONSTITUTIONAL_LAW · Choice Aconstitutional, because Article I, Section 8 authorizes Congress to enact all laws necessary and proper to promote the general welfare.
Why it's attractive
The answer bypasses the repeated federal-land fact and swaps in broad Article I language.
Why it's wrong
The answer bypasses the repeated federal-land fact and swaps in broad Article I language.
14342_scripturequest_finals_tax · CONSTITUTIONAL_LAW · Choice Bconstitutional, because the compelling national interest in reducing the federal budget deficit justifies the tax as a temporary emergency measure.
Why it's attractive
It imports compelling-interest review into a federal revenue-tax call.
Why it's wrong
It imports compelling-interest review into a federal revenue-tax call.
14343_esther_home_fire_readiness · CONSTITUTIONAL_LAW · Choice BNo, because Congress has not specifically authorized the creation and support of this new federal advisory commission.
Why it's attractive
Turns statutory silence into a categorical prohibition.
Why it's wrong
Turns statutory silence into a categorical prohibition.
14344_lydia_marketplace · CONSTITUTIONAL_LAW · Choice DYes, because Congress could reasonably view the statute as legislation for the general welfare.
Why it's attractive
The general-welfare phrase is not an independent regulatory power.
Why it's wrong
The general-welfare phrase is not an independent regulatory power.
14352_mercy_timing_act · CONSTITUTIONAL_LAW · Choice Cunconstitutional, because a presidential veto based on constitutional objections may be overridden only after ratification by three-fourths of the states.
Why it's attractive
The three-fourths-states requirement belongs to amendments, not veto overrides.
Why it's wrong
The three-fourths-states requirement belongs to amendments, not veto overrides.
14365_imitation_honey · CONSTITUTIONAL_LAW · Choice AThe General Welfare Clause.
Why it's attractive
Only choice framed as a purpose-matched catch-all; anchor says it isn't a regulatory power.
Why it's wrong
Only choice framed as a purpose-matched catch-all; anchor says it isn't a regulatory power.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →