Fact Not In Stem
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
18493_silas-hasty-plea · CRIMINAL · Choice AYes, because defense counsel's participation in the hearing established that Silas's plea was knowing and intelligent.
Why it's attractive
Shifts the knowing-waiver showing onto counsel's presence; the court — not the lawyer — must make the record.
Why it's wrong
Shifts the knowing-waiver showing onto counsel's presence; the court — not the lawyer — must make the record.
18493_silas-hasty-plea · CRIMINAL · Choice CNo, because Silas's plea was not entered in open court and so was not supported by an adequate record.
Why it's attractive
Right outcome ('No') pinned to a fact the stem never gives — nothing says the plea was not in open court.
Why it's wrong
Right outcome ('No') pinned to a fact the stem never gives — nothing says the plea was not in open court.
18493_silas-hasty-plea · CRIMINAL · Choice DYes, because the judge confirmed that the plea was free and voluntary, which is all that due process requires.
Why it's attractive
Promotes one true sub-fact (voluntary) to the whole test; voluntariness is necessary but not sufficient.
Why it's wrong
Promotes one true sub-fact (voluntary) to the whole test; voluntariness is necessary but not sufficient.
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