Fact Not In Evidence
This trap appears as a wrong-answer choice in 11 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
- CRIMINAL8
- Real Property2
- Civil Procedure1
Example wrong choices
14148_vineyard-sanctions · CIVIL_PROCEDURE · Choice DYes, because Hannah had no good-faith basis for her claim under any existing law at the time of filing.
Why it's attractive
CUT: stem explicitly says the law was 'unresolved'; D flatly contradicts this stated fact
Why it's wrong
CUT: stem explicitly says the law was 'unresolved'; D flatly contradicts this stated fact
15012 · REAL_PROPERTY · Choice Bthe owner of Building 1, because the owner of Building 2's rights in the stairway do not extend beyond the normal life of the existing structure.
Why it's attractive
B talks about the normal life of the structure. The stem says the stairway is worn and needs repair, not that the structure's life has ended.
Why it's wrong
B talks about the normal life of the structure. The stem says the stairway is worn and needs repair, not that the structure's life has ended.
15014 · REAL_PROPERTY · Choice Ainvalid, because of the change of circumstance in the neighborhood.
Why it's attractive
This choice points to changed circumstances around East Peterhill, but the stem does not give the needed trigger that the restriction has lost its value across the restricted/benefited land.
Why it's wrong
This choice points to changed circumstances around East Peterhill, but the stem does not give the needed trigger that the restriction has lost its value across the restricted/benefited land.
16025_calligraphy_studio · CRIMINAL · Choice CAt the time of the shooting, Martha did not know whether Lydia was about to stab her with a craft knife.
Why it's attractive
Not knowing whether danger exists is not the same as believing danger is imminent.
Why it's wrong
Not knowing whether danger exists is not the same as believing danger is imminent.
16061_retreat_lake_unlicensed_boat · CRIMINAL · Choice BYes, because operating a boat while intoxicated is a dangerous act.
Why it's attractive
It answers a dangerous-intoxication question the stem does not ask.
Why it's wrong
It answers a dangerous-intoxication question the stem does not ask.
16061_retreat_lake_unlicensed_boat · CRIMINAL · Choice CYes, because Timothy knew or should have known that operating a boat without a license could result in loss of life.
Why it's attractive
It adds a knew-or-should-have-known death-risk element not in the statute.
Why it's wrong
It adds a knew-or-should-have-known death-risk element not in the statute.
16061_retreat_lake_unlicensed_boat · CRIMINAL · Choice DNo, because operating a boat without a license is not malum in se.
Why it's attractive
It imports a common-law limit after the statute says any misdemeanor.
Why it's wrong
It imports a common-law limit after the statute says any misdemeanor.
17294_peter_workshop_open_fields · CRIMINAL · Choice CNo, because the agents had a valid warrant to observe illegal pill-press activity on the property.
Why it's wrong
Choice C is not the credited answer for this item.
18217_youth_rally_stop · CRIMINAL · Choice DYes, because Timothy subjectively felt enough pressure to run.
Why it's attractive
Even if Timothy felt pressure, the call is not about how pressured he felt. The Gold Key asks whether he submitted or was touched before the discard.
Why it's wrong
Even if Timothy felt pressure, the call is not about how pressured he felt. The Gold Key asks whether he submitted or was touched before the discard.
18857_armor_of_god_arrow · CRIMINAL · Choice CYes, but only if Daniel knew Lydia's religious beliefs before shooting the arrow.
Why it's attractive
The phrase 'only if' adds a condition the call and Gold Key do not require.
Why it's wrong
The phrase 'only if' adds a condition the call and Gold Key do not require.
19692 · CRIMINAL · Choice DNo, because phones cannot be taken by robbery
Why it's attractive
The answer invents an object limit. Nothing in the stem suggests a phone is outside the property-crime category.
Why it's wrong
The answer invents an object limit. Nothing in the stem suggests a phone is outside the property-crime category.
21530_ministry_van_fraud · CRIMINAL · Choice DNo offense, because Silas voluntarily signed the title and handed over the keys.
Why it's attractive
CUT
Why it's wrong
CUT
21690_psalms_archive · CRIMINAL · Choice BMartha is not guilty because the manuscript was not actually in the archive room.
Why it's attractive
It turns the manuscript's actual location into a defense.
Why it's wrong
It turns the manuscript's actual location into a defense.
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