Fabricated Threshold Imported
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
- Evidence1
Example wrong choices
14772_fishing_vessel_log · EVIDENCE · Choice AInadmissible as a party admission, because Daniel's out-of-court statement to Esther binds him as a party.
Why it's attractive
Party admission applies only when the declarant is the opposing party or their agent. Daniel is neither.
Why it's wrong
Party admission applies only when the declarant is the opposing party or their agent. Daniel is neither.
14772_fishing_vessel_log · EVIDENCE · Choice BInadmissible, because it is hearsay not within any exception.
Why it's attractive
Out-of-court statement offered for a non-truth purpose is not hearsay. Name the purpose first — identity inference, not truth of content.
Why it's wrong
Out-of-court statement offered for a non-truth purpose is not hearsay. Name the purpose first — identity inference, not truth of content.
14772_fishing_vessel_log · EVIDENCE · Choice DInadmissible, because Daniel has not been missing for more than seven years.
Why it's attractive
No rule makes the duration of disappearance a precondition for hearsay admissibility. This invents a legal threshold.
Why it's wrong
No rule makes the duration of disappearance a precondition for hearsay admissibility. This invents a legal threshold.
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